139 So. 2d 888 | Fla. | 1962
Because the information, under which he was adjudged to be guilty
In Sawyer v. State,
Just a short time after the Sawyer case was decided, we were presented with a similar problem in the Segars
“In the case of Sawyer v. State (Fla.) 113 So. 736, an attempt was made to raise the same question which is now before us. It was contended by plaintiff in error in that case that the attempt in section 597S, Rev.Gen. Stats., to vest an assistant county solicitor with power to sign, swear to, and file an information in a criminal court of record, was contrary to section 28 of article 3 of the Constitution. It was there held by this court that, for the reasons therein stated, the plaintiff in error in that case was not in a position to raise the point, which is, however, in the instant case, squarely presented. * * * ”
In the Young
“ * * * when a defendant does not duly object to the manner in which the information is signed and sworn to, at the proper time and in the proper way, he thereby waives his right to do so, and cannot invoke habeas corpus to obtain a discharge from custody.”
In the later Ricks
“Having reached the conclusion above stated, it follows that the purported informations upon which the capiases issued under which this petitioner is held are null, void, and of no effect.”
The holding of the quoted language must be related to the factual situation presented
This conclusion is clearly supported by the Carson
The only departure we find from the holdings in these cases is in Bernicia Pitts v. State,
For the reasons above stated, the writ of habeas corpus heretofore issued is hereby discharged and the petitioner is remanded to the custody of the respondent.
. Petitioner entered a plea of guilty at the trial.
. Section 10 of the Declaration of Rights of the Florida Constitution, F.S.A.
. This was the holding of the District Court of Appeal, Second District in Pitts v. State, 139 So.2d 701.
. See Sellers v. Bridges, 153 Fla. 586, 15 So.2d 293, 148 A.L.R. 1240.
. 94 Fla. 60, 113 So. 736.
.Section 10 of the Declaration of Rights and Art. V of Section 28 (now Art. Y, Sec. 9 [5]) are, for the purposes of this discussion, identical.
. Segars v. State, 94 Fla. 1128, 115 So. 537.
. Young v. State, 97 Fla. 214, 121 So. 468.
. State ex rel. Ricks v. Davidson, 121 Fla. 196, 163 So. 588.
. Carson v. Mayo, 128 Fla. 247, 174 So. 416.
. Champlin v. Cochran, Fla.1960, 125 So.2d 565.
. Jordan v. State, Fla.App.1962. 136 So.2d 367.
. See footnote 3, supra.