Nowling v. State

Supreme Court of Florida

Nowling v. State

10 So. 2d 130, 151 Fla. 584, 1942 Fla. LEXIS 1219

CourtSupreme Court of Florida

DecidedOctober 16, 1942

StatusPublished

Cited by9 cases

This text of 10 So. 2d 130 (Nowling v. State) 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.

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Nowling v. State, 10 So. 2d 130, 151 Fla. 584, 1942 Fla. LEXIS 1219 (Fla. 1942).

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Opinion

PER CURIAM:

Appellant was tried and convicted on an information charging him with unlawfully concealing one gallon of moonshine whiskey on which the tax was imposed by the Beverage Act of Florida, thereby in *585 tending to defraud the State of Florida of such tax. He was sentenced to three years in the State penitentiary.

We do not think the information was sufficient, in that it does not allege that the tax had not been paid. We think the punishment imposed in view of the offense charged was contrary to Section Eight, Declaration of Rights, and some of the evidence should not have been admitted. For these reasons the judgment is reversed.

Reversed.

BROWN, C. J., TERRELL, CHAPMAN and THOMAS, JJ., concur.

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