Ex parte Ayers

Supreme Court of Florida

Ex parte Ayers

79 So. 763, 76 Fla. 350, 1918 Fla. LEXIS 320

CourtSupreme Court of Florida

DecidedAugust 15, 1918

StatusPublished

Cited by1 cases

This text of 79 So. 763 (Ex parte Ayers) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Ayers, 79 So. 763, 76 Fla. 350, 1918 Fla. LEXIS 320 (Fla. 1918).

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Opinion

Taylor, J.

This is a case of original jurisdiction in this court. The relator, George Ayers, was tried and convicted in the County Judge’s Court of Madison County, upon an affidavit charging him with a violation of the provisions of Chapter 7284, Laws approved May 1st, 1917, viz: “That he did have an unlawful quantity of intoxicating liquors in his possession in Madison County, which said County had voted against the sale of said liquors.”

He was sentenced to pay a fine or be imprisoned in the county jail, and being restrained of his liberty sued out a writ of Habeas Corpus from this court. In the total absence from the charge upon which the relator was tried and convicted of any allegation to the effect that he had the alleged liquors in his possession for the purpose and with the intention of unlawfully selling them, he has been charged with, tried, convicted and sentenced to imprisonment for no sort of offence known to our law, all of which is void and a nullity, and it is therefore, con[351]*351sidered, ordered and adjudged that the relator, George Ayers, be and he is hereby ordered to be discharged from further custody under said judgment of conviction, at the cost of Madison County.

Ex Parte James Francis decided at the present term.

Browne, C. J., and Ellis, J., concur. Whitfield and West, J. J., dissent.

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Taylor, J.

This is a case of original jurisdiction in this court. The relator, George Ayers, was tried and convicted in the County Judge’s Court of Madison County, upon an affidavit charging him with a violation of the provisions of Chapter 7284, Laws approved May 1st, 1917, viz: “That he did have an unlawful quantity of intoxicating liquors in his possession in Madison County, which said County had voted against the sale of said liquors.”

He was sentenced to pay a fine or be imprisoned in the county jail, and being restrained of his liberty sued out a writ of Habeas Corpus from this court. In the total absence from the charge upon which the relator was tried and convicted of any allegation to the effect that he had the alleged liquors in his possession for the purpose and with the intention of unlawfully selling them, he has been charged with, tried, convicted and sentenced to imprisonment for no sort of offence known to our law, all of which is void and a nullity, and it is therefore, con[351]*351sidered, ordered and adjudged that the relator, George Ayers, be and he is hereby ordered to be discharged from further custody under said judgment of conviction, at the cost of Madison County.

Ex Parte James Francis decided at the present term.

Browne, C. J., and Ellis, J., concur. Whitfield and West, J. J., dissent.

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Bluebook (online)

79 So. 763, 76 Fla. 350, 1918 Fla. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ayers-fla-1918.

Opinion

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