Florida/Georgia Personal Injury & Workers Compensation

...th Amendment was not violated by a nine-to-three guilty verdict in a state noncapital case). [42] See Motion to Call Circuit Judge to Bench, 8 Fla. 459, 482 (1859) ("The common law wisely requires the verdict of a petit jury to be unanimous."). [43] Section 775.01, Florida Statutes (2001), which dates back to November 6, 1829, provides as follows: 775.01 Common law of England.—The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject. § 775.01, Fla....

...Leonard Fleet, Hollywood, for appellee. BOYD, Justice. This cause is before us on appeal from the County Court, Broward County. The trial court (Broward County Circuit Judge McCauley, sitting by designation), in its order, passed upon the validity of Section 775.01, Florida Statutes, 1971, F.S.A., giving this Court jurisdiction of the direct appeal under Article V, Section 3(b)(1), of the Constitution of the State of Florida, F.S.A....

...*3 The facts of the case are as follows: On November 29, 1972, the grand jury, in and for Broward County, Florida, returned an indictment charging appellee in three counts with what can be characterized generally as the common-law offense of nonfeasance. A motion to dismiss was filed challenging the constitutionality of Section 775.01, Florida Statutes, F.S.A., "... for reason of the vagueness and ambiguity... ." On January 23, 1973, nunc pro tunc, the 16th day of January, 1973, the lower court entered its order striking down Section 775.01 on the ground that it was "......

...." In its order, the court stated that "... for the first time in the one-hundred forty-four (144) year history of the Statute the Court is faced squarely with the constitutional question." The controlling issue, as stated by the lower court, was whether Section 775.01 is too vague and indefinite to sufficiently inform a defendant of the charge placed against him. One of the "numerous reasons" which influenced the lower court to declare the statute unconstitutional was the following: "The need and reason for common law crimes has passed and ceased to exist, and the necessity for F.S. 775.01 is finished....

...of force and effect in this state and have provided that the same might be abrogated or changed by statute, provided the Constitution of the United States be not violated." [3] We know of no better place to start than with the statute. Accordingly, Section 775.01 provides: "The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, *4 shall be of full force in this state where there is no existing provision by statute on the subjec...

...The pertinent part of each count of the indictment reads: "... in violation of the common law of England, as enunicated in La Tour v. Stone, (Sup.Ct., Fla. 1939) 190 So. 704 and Sullivan v. Leatherman (Sup.Ct., Fla. 1950) 48 So.2d 836, as adopted by F.S. 775.01 and punishable as provided in F.S. 775.02... ." We think, however, that the lower court's main objection to Section 775.01 is that the statute does not set forth in express verbiage the common law which is made a part of the law of this jurisdiction....

...of its banks and at other times getting rid of and depositing a bit of silt. In view of our English heritage, it is unthinkable that judicial limbo should be its destiny. Another basic argument in support of the lower court's action in striking down Section 775.01 is that there is no longer any necessity for the statute and that it should be discarded....

...We quote: "The English or common-law rule of insanity as a defense, contained in M'Naghten's Case, supra, proceeds upon the theory that if a man knows the nature or quality of his act and that it is wrong, he has sufficient mental capacity to be responsible for not properly controlling his action. By Fla. Stat. § 775.01, F.S.A., the common law of England in relation to crimes, except as to the modes and degrees of punishment, is of full force where there is no existing provision by statute on the subject....

...See 6 F.L.P., Criminal Law, § 30." [18] The foregoing cases we have discussed are representative of those instances wherein appellate courts have had occasion to rely upon the common law as adopted and made a part of the law of this jurisdiction by Sections 2.01 and 775.01....

...Suffice it to say that the common law has been adopted by legislative act. It has been modified to some extent by subsequent legislation. Surely, if further changes are desirable in the public interest, those changes should come from the legislature. As we today uphold the validity of Section 775.01, we also, by way of caveat, re-emphasize its proper application in cases such as that sub judice....

...made. [4] The legislature has determined by statute that the common law of England in relation to crimes remains in effect except (a) with regard to the modes and degrees of punishment, and (b) where there is an existing statute on the same subject. § 775.01, Fla....

...through with appellant's suggestion. He later reported the incident to the State Attorney's office. As to these facts disclosed in the record, we note that appellant could have been charged with the crime of common law solicitation under Fla. Stat. § 775.01 (1973), which makes the common law of England in relation to crimes applicable in Florida where there is no existing provision by statute....

...Moreover, the judicial creation of attempted conspiracy to punish solicitation is not needed here to fill a gap in the definition of a crime or to extend the reach of the conspiracy statute. Appellant's conduct could have been reached under Fla. Stat. § 775.01 as common law solicitation, which as of July 1, 1975, will also be a statutory crime....

...ation exists in this State, as an examination of the following statutes will show. Section 38.22 of the Florida Statutes, F.S.A., authorizes courts to impose imprisonment and fines for contempt, but states no maximum time for such imprisonment. [13] Section 775.01 of the Florida Statutes, F.S.A., provides that the common law crimes of England are crimes in Florida....

...The English or common-law rule of insanity as a defense, contained in M'Naghten's Case, supra , proceeds upon the theory that if a man knows the nature or quality of his act and that it is wrong, he has sufficient *822 mental capacity to be responsible for not properly controlling his action. By Fla. Stat. § 775.01, F.S.A., the common law of England in relation to crimes, except as to the modes and degrees of punishment, is of full force where there is no existing provision by statute on the subject....

...hose statutes. Although the "common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject," § 775.01, Fla....

...Each of those statutes has superseded the corresponding common law criminal offense. One of the stated purposes for doing so is "[t]o proscribe conduct *1026 that improperly causes or threatens to cause substantial harm to individual or public interest." § 775.012(1), Fla....

...poral punishment, administered by parents who believe in this form of discipline, is not an easy task. In a state where the common law of crime has been supplanted in large part by statutory law, see State v. Adams, 683 So.2d 517 (Fla. 2d DCA 1996), section 775.01, Florida Statutes (1999), this difficult task is principally a legislative function....

...1987). [3] We note, in passing, however, that the trial court also erred in fining appellant two thousand dollars for his contempt. In Aaron v. State, supra , the supreme court observed that the common law crimes of England are crimes in Florida under section 775.01, Florida Statutes....

...There are a number of statutes which provide for the penalty for the commission of acts which were under the common law, and still are, crimes. Just because the Legislature has not specifically defined the usual meaning of these crimes does not mean they can by violated without penalty. In section 775.01, Florida Statutes, it is provided The Common Law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject....

statutory provision that is now found at section 775.01. See § 775.01; Hepburn v. Chapman, 109 Fla. 133, 149

...661 (1940); Cole v. State, 512 S.W.2d 598 (Tenn. Crim. App. 1974). In Florida the common law of England is in full force with respect to crimes (except for modes and degrees of punishment) "where there is no existing provision by statute on the subject." § 775.01, Fla....

...NOTES [1] The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla. Stat. (1981); receiving unlawful compensation, § 838.016(2), Fla. Stat. (1981); extortion by a state officer, § 839.11, Fla. Stat. (1981); and misbehavior in office, § 775.01, Fla....

...Merckle, for bribery in violation of section 838.015(1), Florida Statutes (1981), receiving unlawful compensation in violation of section 838.016(2), Florida Statutes (1981), extortion by a state officer in violation of section 839.11, Florida Statutes *949 (1981), and misbehavior in office in violation of section 775.01, Florida Statutes (1981)....

...In a jury trial, "the truth of every accusation ... should ... be confirmed by the unanimous suffrage ... of [the defendant's] equals and neighbors... ." 4 W. Blackstone, Commentaries on the Laws of England 343 (1769); Art. I, § 16(a), Fla. Const. (1968); § 775.01, Fla....

...2d DCA 1986). "[T]he power of courts to punish for contempt was recognized at common law." Id. (citation omitted). Where there is no existing statutory provision on a subject, the "common law of England in relation to crimes" is "of full force" in Florida. § 775.01, Fla....

...Such offense is not proscribed by the statutes of Florida, but was a crime at common law. The circuit court order now under review, as did the county court order before it, recognized it as such common law offense and held it to be a "crime under the laws of the State of Florida" pursuant to the provisions of § 775.01, F.S....

...repeat, only when the common law is plain that we must observe it." Moreover, our courts have not hesitated in other respects to reject anachronistic common law concepts. [6] Consonant with this, therefore, we think that the legislature in enacting § 775.01, supra, recognized this judicial precept and intended to grant our courts the discretion necessary to prevent blind adherence to those portions of the common law which are not suited to our present conditions, our public policy, our traditions or our sense of right and justice....

...to his knowledge; but the law which would punish him in every case, for not performing this duty, is too harsh for man." In Michigan, whose constitution contains a provision incorporating common law crimes in a fashion similar to our Florida Statute § 775.01, supra, the Supreme Court of that state resolved a situation analogous to ours by the following holding: [9] "The old-time common-law offense of misprision of felony, short of an accessory after the fact ..., is not now a substantive offens...

...powers by committing various acts "contrary to the common law of England, as enunciated in LaTour v. Stone, 139 Fla. 681, 190 So. 704 (1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by section 775.01, Florida Statutes, and punishable as provided in section 775.02, Florida Statutes." Section 775.01, Florida Statutes (1985), provides: Common law of England. — The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject. By citing to section 775.01 and to the Florida Supreme Court cases of LaTour, Sullivan and Egan in the indictment, the state is attempting to allege the common-law *817 offense of misconduct in office, termed by the caption of the indictment as "misbehavior in of...

...this offense included any act by the holder of a public office, whether through malfeasance, misfeasance or nonfeasance, which directly injured the public. See LaTour, 190 So. at 708; 16 C.J. Criminal Law, § 23. Egan upheld the constitutionality of section 775.01 against a challenge based upon vagueness and obsolescence, but also held that this statute could not be used against public officials "unless (their) conduct directly conflicts with written laws prescribing the obligations of the offic...

...Therefore, the respondent, even if he were a county court judge, would be without subject matter jurisdiction to proceed. See Ex Parte Amos, 93 Fla. 5, 112 So. 289, 291 (1927). The common law of England in relation to crimes is in full force in Florida where there is no existing provision by statute. See § 775.01, Fla. Stat. (1985). But that common law cannot be inconsistent with the Constitution of the United States or of Florida. See § 2.01, Fla. Stat. (1985). In State v. Egan , the court cited section 775.01 and reaffirmed the continuing vitality in Florida of the common-law crime of misconduct in office, noting that a statutory enactment would be essential to repeal, abrogate or change the common law....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...de of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. *821 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the Common Law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Mary Elaine Thombs, Case Number CTC84-16403-C, in violation of Chapter 921, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Kelly Russell Perkenson, Case Number CTC85-180-C, in violation of Chapter 921, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...de of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, *824 [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...uct, and Chapter 903, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan , (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Willie James Mitchell, Case Number CTC 84-14100-C, in violation of Chapter 812, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...apter 903, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...903, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. *826 Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...apter 903, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Estella Nadine Jones, Case Number CTC85-8243-C, in violation of Chapter 812, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Carolyn Renee Stanley, Case Number CTC 85-8075-C, in violation of Chapter 812, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...Rhonda Renee Hudson, Case Number CTC85-6164-C, in violation of Chapter 921, Florida Statutes, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by *828 Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...he Code of Judicial Conduct, contrary to the common law of England, as enunciated in Latour v. Stone, [139 Fla. 681] 190 So. 704 (Fla. 1939), Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950), and State v. Egan, 287 So.2d 1 (Fla. 1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02, Florida Statutes....

...ida Statutes (1993). The state also challenges that part of the order in which the trial court dismissed count two of the information, charging the appellee with being a principal to the common law crime of suicide under the carry-over provisions of section 775.01, Florida Statutes (1993), based on its determination that the "common law crime of suicide is an anachronism and is not part of the substantive *518 law of the state of Florida." [1] We have jurisdiction to determine the correctness of...

...As we perceive it, the narrow issue in this case is not whether Florida has adopted the common law crime of suicide, [9] but whether it still recognizes the common law crime of *522 being a principal to self-murder such that the appellee could appropriately be charged with this crime under the carry-over provisions of section 775.01....

...enacting section 782.08, which expressly prohibits one person from "deliberately assisting another in the commission of self-murder" and which specifically punishes such conduct as manslaughter. [10] We begin our analysis of this issue by examining section 775.01, which provides that "[t]he common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on...

...However, the power of courts to punish for contempt was recognized at common law. Ex Parte Senior, 37 Fla. 1, 19 So. 652 (1896). Where there is no statutory provision to the contrary, the common law of England with respect to crimes is still in effect in Florida. § 775.01, Fla....

...er 403, Florida Statutes. Both trial court judges dismissed the common charges because they found Section 823.01, Florida Statutes, to be unconstitutionally vague after making a preliminary finding that the section superseded the common law and that Section 775.01, Florida Statutes [2] , therefore prohibited reference to the common law of nuisance to supply a definition of nuisance as used in Section 823.01, Florida Statutes. We disagree with the preliminary finding because we feel that while the exception in Section 775.01, Florida Statutes, may prevent the English common law on the crime of nuisance from being in full force in this state, it does not prohibit the use of English case law as an aid in establishing legislative intent, State v....

...contrary to the provisions of section 823.01. [1] In deciding that the statute on which the informations were based was unconstitutionally vague, the county court judge specifically declined to resort to the common law of England which, pursuant to Section 775.01, Florida *714 Statutes, is made applicable to crimes in Florida if "there is no existing provision by statute on the subject." Relying upon this provision, the lower court concluded that because the common law regarding public nuisance...

...NOTES [1] 823.01 Nuisances; penalty. — All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, are misdemeanors of the second degree, punishable as provided in s. 775.083. [2] 775.01 Common law of England....

...further proceedings pursuant to rule 3.850. Reversed. SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur. NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla. Stat. [3] § 839.11, Fla. Stat. (1981). [4] A common law crime. See § 775.01, Fla....

...2d DCA 1994) (noting that contempt is not a misdemeanor offense). Common law crimes, such as criminal contempt, which have not been separately reclassified by statute as either a felony or a misdemeanor retain their status as common law crimes. See § 775.01, Fla....

...Thus, case law regards criminal contempt as the functional equivalent of a misdemeanor for purposes of the right to court-appointed counsel during contempt proceedings. See Moorman v. Bentley, 490 So.2d 186, 187 (Fla. 2d DCA 1986). However, without a separate statute overriding the application of section 775.01, the classification of criminal contempt as a common law crime still applies, despite the punishment being similar to that available for a first-degree misdemeanor....

...Therefore, all things considered, the judgment in this case should not have characterized Giordano's conviction of that charge as a misdemeanor. Whether the trial court's mischaracterization prejudiced Giordano is irrelevant, since the trial court was required to follow the mandates of section 775.01....

amendment;, Section 775,15(7)(b), was redesignated Section 775.-1 S(13)(b) on July 1, 2005. See Ch; 2005-110

...law or other authority in support of its position, simply advised that it was relying on the sufficiency of the information under the common law; that the court, before acting on the motion to quash, invited the attention of the prosecution to F.S. § 775.01, F.S.A....

...dehors the information or indictment as are proper and necessary to their defense. The order quashing the information is vacated and the cause remanded for further proceedings consistent herewith. CARROLL, DONALD, and WIGGIN-TON, JJ., concur. . F.S. § 775.01, F.S.A....

...2d at 752, one clue—the long history of -8- the crime of “riot”—will bear on our answer to each of today’s questions. The crime of “riot” has deep roots in English law, and thus in Florida law, too. See § 775.01, Fla....

...The Florida Supreme Court addressed the issue of criminal contempt in Aaron v. State, 284 So.2d 673 (Fla.1973): Section 38.22 of the Florida Statutes, F.S.A., authorizes courts to impose imprisonment and fines for contempt, but states no maximum time for such imprisonment. Section 775.01 of the Florida Statutes, F.S.A., provides that the common law crimes of England are crimes in Florida....

...(criminal mischief resulting in damage greater than $200 but less than $1,000 “is a misdemeanor”). *35 Because common law crimes are punishable by imprisonment not to exceed twelve months, the punishment imposable for criminal contempt is identical to that imposable for a misdemeanor. See §§ 775.01, 775.02, Fla....

...requirement of some mens rea for a crime is firmly embedded,” here, the failure to specify the same cannot be deemed, in and of itself, fatal. Staples v. United States, 511 U.S. 600, 605, 114 S. Ct. 1793, 1797, 128 L. Ed. 2d 608 (1994) (internal citation omitted); see also § 775.01, Fla....

...Stat. Preservation of the ancient English law as Florida’s substantive law goes only so far: as long that it is “not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.” Id. (emphasis supplied); see also § 775.01, Fla....