Bryan v. Cohen

149 So. 210, 108 Fla. 224

Opinion

Per Curiam.

In this case we have before us a companion case to that of McCreary v. Cohen, decided at this term. The difference is that in this case the Circuit Court did not hold the ordinance to be unconstitutionál but on the contrary dismissed the traverse of return on grounds “first” and “second,” which grounds challenged the constitutionality of the Act. But, the petitioner was discharged upon the ground that the affidavit charged no offense. Such judgment should be reversed on authority of the opinion and judgment in the case of McCreary v. Cohen, supra. It is'so ordered.

Reversed.

Davis, C. J., and Whitfield, Terrell, B^own and Buford, J. J., concur.