JOEL H. TUCKER
v.
CITY OF SEBRING
JOEL H. TUCKER
CITY OF SEBRING
119 Fla. 256
Florida Supreme Court (1935)
Positive Treatment
Also reported at: 161 So. 278
Cited by 2 cases
Opinion of the Court
This is a companion case to that of Hope-rich v. City of Sebring, in which opinion was filed at this term of the Court.
The judgment should be affirmed for the reasons stated in the opinion in that case.
It is so ordered.
Affirmed.
Whitfield, C. J., and Terrell, Buford and Davis, J. J., concur.
Ellis, J., concurs' in the conclusion.
Brown, J., concurs specially.
(concurring). — I concur for the reasons stated in my special concurring opinion in the companion case of Hoperich v. City of Sebring.
Concurrence
Brown, J.
(concurring). — I concur for the reasons stated in my special concurring opinion in the companion case of Hoperich v. City of Sebring.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Theron Black, 385 So. 2d 1372 (Fla. 1980)…are present. Decisions interpreting the statutory predecessors of Rule 3.140(o), however, have held that in spite of the rule’s dictates, an indictment still cannot be upheld where it omits an indispensable allegation. Walker v. State, 119 Fla. 240, 161 So. 278 (1935); Bradley v. State, 208 So. 2d 140 (Fla.3d DCA 1968). But cf. Brown v. State, 135 Fla. 30, 184 So. 518 (1938) (Court relied on predecessor of Rule 3.140(o) in approving trial court’s denial of defendant’s motion to quash indictment for failure…
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Bradley v. State, 208 So. 2d 140 (Fla. 3d DCA 1968)…te as to mislead the accused or embarrass him in the preparation of a defense. See: § 906.25, Fla.Stat., F.S.A. But, it is clear that an indictment will not be upheld were it entirely omits an indispensable allegation. Walker v. State, 119 Fla. 240, 161 So. 278 (1935). It is essential in a charge of perjury to allege that the accused was under oath at the time of the commission of the offense. Gordon v. State, Fla.1958, 104 So. 2d 524; Walker v. State, supra. [*141] As the indictment in this case is incapa…