STERLING COMBS, PETITIONER,
v.
CITY OF LAKE CITY, RESPONDENT
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Sterling Combs was convicted of unlawful possession of intoxicating liquor by the Municipal Judge of Lake City. The Florida Supreme Court, reviewing the case via writ of certiorari, upheld the conviction, holding that even if the search warrant was defective, the conviction could be valid if based on a municipal ordinance properly enacted and enforced within the city's authority.
The conviction is valid because municipal judges are not authorized to administer state statutes on intoxicating liquors, but municipalities may enforce ordinances consistent with state law. Even if the search warrant was defective, the conviction may be upheld if it conformed to a duly authorized municipal ordinance based on sufficient legal evidence.
“The laws of the State do not authorize a Municipal Judge to administer the State statutes relative to the unlawful possession of intoxicating liquors; but statutes may authorize municipalities to enact and enforce ordinances that are consistent with State law”
Establishes the distinction between state and municipal authority over intoxicating liquor offenses
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Join FLexlaw to unlock all legal intelligenceCombs was convicted before the Municipal Judge of Lake City for unlawful possession of intoxicating liquor. The prosecution was based on an affidavit …
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Buford, J.
In this case Sterling Combs was convicted before the Municipal Judge of Lake City, Florida, of the offence of having unlawful possession of intoxicating liquor in Lake City, Florida. Writ of error was taken from the judgment of the Municipal Court of the Third Judicial Circuit. The judgment of the Municipal Court was affirmed. Writ of Certiorari was issued to review the record of the proceedings as presented to the Circuit Court.
The record shows that the prosecution was based upon an affidavit upon which a search warrant was issued by the Municipal Judge of Lake City.
The laws of the State do not authorize a Municipal Judge to administer the State statutes relative to the unlawful possession of intoxicating liquors; but statutes may authorize municipalities to enact and enforce ordinances that are consistent with State law; and even if the search warrant in this case violates the controlling law the conviction may conform to duly authorized ordinance and may have been predicated upon sufficient legal evidence without reference to the search warrent or its use. The evidence was not properly before the Circuit Judge and can not be considered here at least without a bill of 'exceptions duly authenticated, as the statute dequires. State ex rel. Stillman v. Merritt, 86 Fla. 164, — Sou. —; Parker v. City of Sanford, — Fla. — , 105 Sou. 154; Leonardy v. City of Sanford, — Fla. —, 105 Sou. 339.
The petition docs not show that the conviction was not had under an ordinance or that a purported ordinance is invalid, therefore, the conviction is not shown to be without authority of law.
Writ of Certiorari is therefore quashed.
Whitfield, P. J., and Terrell, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.