101 Fla. 1322 | Fla. | 1931
The plaintiff in error, hereinafter designated the defendant, was tried in the Circuit Court of Union County on an indictment containing three counts. The first count, omitting the formal beginning and conclusion, is as follows:
"The Grand Jurors of the State of Florida duly empaneled *1323 and sworn to inquire and true presentment make in and for the body of the County of Union, upon their oaths do present that Wilbur Rimes on the fourth day of August, A.D. 1929, did unlawfully and feloniously desert his lawful wife Virginia Rimes, and his lawful child, Thomas H. Rimes."
The other two counts in the indictment contain no reference to the wife, Virginia Rimes, but charge the defendant with with-holding the means of support from Thomas H. Rimes.
At the trial of the case the jury returned the following verdict:
"We, the jury, find the defendant guilty of deserting his wife and child, so say we all."
Judgment was entered by the trial court upon this verdict.
The case is before us on writ of error.
The indictment does not allege in what county or state the alleged offense was committed and before pleading in bar, defendant filed a motion to quash the indictment, questioning its sufficiency. The motion to quash was denied by the trial court and defendant assigns this action of the trial court as error.
In order to charge one with the commission of a criminal offense in this State, the indictment must charge the time, place and acts done, or omitted, by the accused which constitute the offense. Venue is a necessary part of the indictment and must be proven as laid. Robinson vs. State,
Reversed.
BUFORD, C.J., AND WHITFIELD, TERRELL AND BROWN, J.J., concur.
ELLIS, J., not participating.
DAVIS, J., disqualified.