9 So. 2d 807 | Fla. | 1942
On writ of error we review judgment in habeas corpus proceedings remanding the petitioner to the custody of respondent.
Where an indictment or information entirely fails to charge a criminal offense the accused may test the sufficiency thereof in habeas corpus proceedings. See Skipper v. Schumacher,
The information in this case appears as follows:
"In the Criminal Court of Record, Hillsborough County, State of Florida.
"Joseph E. Williams, County Solicitor for the County of Hillsborough, prosecuting for the State of Florida, being present in said court on the 9th day of January, A.D. 1942, for an amended information in this case, charges that:
-------------------------------------- County Solicitor for the County of Hillsborough, State of Florida.
"(Bill of particulars attached hereto and made a part hereof).
State of Florida
County of Hillsborough
"Personally before me came Joseph E. Williams, County Solicitor for Hillsborough County, who being by me first duly sworn says that the allegations set forth in the foregoing amended information are based upon facts that have been sworn to as true, and which, if true, would constitute the offense in said information charged.
-------------------------------------- "Subscribed and sworn to before me, this. _____ day of January, A.D. 1942.
-------------------------------------- Clerk of the Criminal Court of Record, Hillsborough County, Florida."
From the transcript of the record before us it does not appear that the information was either signed or verified under oath, but we assume it was, as no point is made in that regard.
To the information it appears that there was attached a paper referred to as a bill of particulars, which was not sworn to or verified. Its contents are too filthy to be quoted for publication. That document cannot be looked to as supplying the allegations necessary in the information to constitute a charge of a criminal offense. See Middleton v. State,
The record indicates that it was attempted to charge in each count of the information a violation of the provisions *245
of Sec.
As the information charges no offense, the judgment must be reversed and the cause remanded for further proceedings.
So ordered.
BROWN, C. J., WHITFIELD, and ADAMS, JJ., concur.