CopyCited 24 times | Published | Florida 2nd District Court of Appeal
...We do not find from the instant record that the verdict of the jury was reached by the avenue of error. Affirmed. SHANNON, Acting C.J., and KANNER, J., (RET.), concur. NOTES [1] See Fla. Stat.
918.10(4), F.S.A.; Winnemore v. State, Fla.App. 1963,
150 So.2d 277, 280. [2] Fla. Stat. § 906.05, F.S.A.; Fla. Stat. §
923.03(a), F.S.A.
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...nd timely oral motion was made to quash the information on the specific ground that it failed to allege the true facts in regard to the claimed perjury. Appellee suggests that even if this is true, it would be of no importance, because of Fla. Stat. § 923.03, F.S.A....
CopyCited 4 times | Published | Supreme Court of Florida
...ute the statutory oath which requires them to swear that "[T]he allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and which, if true, would constitute the offense therein charged." Fla. Stat., § 923.03(2), F.S.A....
CopyCited 3 times | Published | Supreme Court of Florida | 156 Fla. 122, 1945 Fla. LEXIS 770
...ial. We have quoted the indictment because we regard it as a model of brevity and perfection. It is in line with the opinions of this Court in Reed v. State,
94 Fla. 32, 45 ,
113 So. 630, 635 , and Pell v. State,
97 Fla. 650 ,
122 So. 110 . See also Section
923.03(a) F.S....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...of Andrew Sievert is quashed; the order stipulating conditions for interrogation of Christina Sievert is approved and certiorari in Appeal # 75-72 is denied. McNULTY, C.J., and HOBSON, J., concur. NOTES [1] Fla. Const. Art. V, § 17. [2] Fla. Stat. § 923.03(2).
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3684
...Although the wording is awkward, redundant, and leaves much to be desired from a rhetorical and grammatical standpoint and is in the conjunctive, it has been approved by our courts. The information alleges all essential elements of the crime of manslaughter as set forth in §
782.07, F.S.A. Section
923.03(d), F.S.A., adopted in 1939, provides a form of information for manslaughter that is sufficient....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2392, 1988 Fla. App. LEXIS 4719, 1988 WL 110851
...Article I, section 15, of the Florida Constitution, expressly provides that no person shall be tried for a felony without an information under oath filed by the prosecuting officer. Florida Rule of Criminal Procedure 3.140(g) contains the identical requirement. See also § 923.03(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
...16 ,
36 So. 705 ; Tindall v. State,
99 Fla. 1132 ,
128 So. 494 ; Gibson v. State,
47 Fla. 34 ,
36 So. 706 ; Annotation in 80 A.L.R. 1443 . We are of the opinion that, under this rule, the materiality of the false statements was sufficiently alleged.” Section
923.03, Florida Statutes, 1955, F.S.A., contains a number of suggested indictments and informations, among which is the following: “(e) As to perjury: “In the hearing of a cause in the -court of-County, Florida, in which-and others were p...
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16357
...eings. The trial court granted the motion and this appeal ensued. The indictment for first degree murder is in substantial compliance with the statutory form which does not require designation of the victim or the accused as persons or human beings. § 923.03(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
...falsely in regard to cmy material matter or thing, respecting which such oath or affirmation is authorized or required, shall be deemed guilty of perjury. * * (Emphasis supplied.) It is true that a form of information charging perjury is set out in Section 923.03, Florida Statutes, F.S.A., as follows: “923.03 * * * “(e) As to perjury: “In the hearing of a cause in the .court of.County, Florida, in which.and others were plaintiffs and ....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9737, 1998 WL 432802
...months, and did not appeal the judgment or sentence, contended that the charging information “was highly prejudice (sic), because it improperly shifts the burden of proof’ (i.e., that by including the word “did” from the form information in section 923.03, Florida Statutes, the charging document “stated he ‘did ’ the crime”); that section 923.03 “is unconstitutional and unconstitutionally applied upon the implementation of Fla.R.Crim.P....
...3.140”; and that defense counsel was ineffective “for not objecting to the alleged defects and not filing a Motion to Dismiss the defective charging document” (emphasis in the original). Appellant’s arguments concerning the “uneonstitutionality” of section 923.03 were as follows: 1) “Chapter 923 was not adopted by the Florida Supreme Court to promulgate practice and procedure as a rule per Article V, Section 2(a) of the Florida Constitution”; 2) “The State Attorneys are not uniform in the...
