Vicente v. State, 63 So. 423 (Fla. 1913). · Go Syfert
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Vicente v. State, 63 So. 423 (Fla. 1913). Cases Citing This Book View Copy Cite
37 citation events (2 in the last 25 years) across 5 distinct courts.
Strongest positive: Fulford v. State (fladistctapp, 1959-07-08)
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1915 1970 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Fulford v. State
Fla. Dist. Ct. App. · 1959 · signal: see · confidence high
See Thompson v. State, 1913, 66 Fla. 244 , 63 So. 423 ; Parrish v. State, 1925, 90 Fla. 25 , 105 So. 131 ; Pearce v. State, 1940, 143 Fla. 347 , 196 So. 685 .
Retrieving the full opinion text from the archive…
Julius Vicente and Victor Dean, in Error
v.
The State of Florida, in Error
Supreme Court of Florida.
Oct 28, 1913.
63 So. 423
L. A. Harris, for Plaintiffs in error;, T. F. West, Attorney General, and G. O. Andrews, Assistant, for the State.
Cockrell, Hocker, Shackleford, Taylor, Whitfield.
Cited by 7 opinions  |  Published
Hocker, J.

The information herein charges that the defendants “feloniously did enter without breaking a certain building there situate, to-wit, the Jefferson Hotel, with intent to commit a misdemeanor, to-wit, petit larceny.” There is no allegation as to the ownership of the building alleged to have been feloniously entered. After conviction the defendants moved in arrest of judgment on the ground that as no ownership of the building is alleged the information is fatally defective. This motion was overruled and the defendants took writ of error.

Defects that do not render an indictment or information fatally defective should be pointed out in a motion to quash so that any adjudged defect may be duly remedied, rather than in a motion in arrest of judgment after conviction. But where an indictment or information is fatally defective in alleging a criminal offense, a motion in arrest of judgment is available, even though no motion to quash was made.

An information charging the offense of feloniously and burglariously breaking and entering a building which contains no allegation as to the ownership of the building is fatally defective. Davis v. State, 51 Fla. 37, 40 South. Rep. 179.

The information being fatally defective in not alleging the ownership- of the building, the judgment of conviction thereon should have been arrested.

[*199] Judgment reversed.

Shackleford, C. J., and Taylor, Cockrell and Whitfield, J. J., concur.