CopyCited 6 times | Published | Supreme Court of Florida | 160 Fla. 188, 1948 Fla. LEXIS 640
CHAPMAN, J.: It has been made to appear by this record that a warrant issued out of the County Judge’s Court of Alachua County, Florida, charging Frank Stoddard with the violation of Section 562.02, F.S.A....
...represented that he was unlawfully restrained and deprived of his liberty in that the affidavit and warrant under which he was then held by the Sheriff of Alachua County (1) failed to charge an offense under the laws of the State of Florida; and (2) Section 562.02, F.S.A., under which the affidavit and warrant were drawn was void and contrary to many provisions of the Constitution of Florida....
...ce. “2. Petitioner was arrested under a warrant issued September 25, 1947, substantially charging him with having permitted others to possess and drink liquor on said premises, contrary to Section 12, Chapter 23746, Laws of Florida, 1947 (amending Section 562.02, F.S....
...d.” From the remand order an appeal has been perfected here, but the evidence referred to in the lower court’s order has not *191 been certified here and our review therefore is limited solely to questions of law authorized by our adjudications. Section 562.02 supra makes it unlawful for a licensee under the Beverage Act to have in his possession at or in his place of business beverages containing more than one per cent of alcohol by weight and is not permitted to be sold by such licensee under Section 561.34, F.S.A. The petitioner contends that Section 562.02 is unreasonable, arbitrary, illegal and in its application discriminates between him and the owners and operators of similar eating places situated in Alachua County and for these several reasons said Section is unconstitutional and void....
CopyCited 2 times | Published | Supreme Court of Florida
...ess or equal protection. Shelton v. Coleman, 1939,
136 Fla. 625 ,
187 So. 266; Atlantic Coast Line R. Co. v. Voss, 1939,
136 Fla. 32 ,
186 So. 199 . In Shelton v. Coleman, appellant assaulted the validity of § 7, Chapter 18015, Laws of 1937, F.S.A. §
562.02....
