Shannon v. State

District Court of Appeal of Florida

Shannon v. State

172 So. 2d 479, 1965 Fla. App. LEXIS 4344

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1965

DocketNo. 64-537

StatusPublished

Cited by7 cases

This text of 172 So. 2d 479 (Shannon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shannon v. State, 172 So. 2d 479, 1965 Fla. App. LEXIS 4344 (Fla. Ct. App. 1965).

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Opinion

PER CURIAM.

On a consolidated trial for the two offenses of breaking and entering and resisting an officer with violence to his person, the appellant was convicted and sentenced to seven years imprisonment. While so serving he petitioned the criminal court of record under Criminal Rule 1, F.S.A. Ch. 924 Appendix. He sought relief on the ground that no preliminary hearing was had and because the indictment papers were not furnished him. The trial court summarily denied the petition. In so ruling the trial judge did not commit error, and we affirm. A preliminary hearing was not essential to due process and a fair trial. No prejudice was shown to have resulted from its absence. Wooten v. State, Fla.App.1964, 163 So.2d 305; Hoffman v. State, Fla.App.1964, 169 So.2d 38. The statutory provisions for furnishing a copy of an indictment or information contemplate an application therefor. §§ 906.28 and 940.04, Fla.Stat., F.S.A. The trial judge correctly viewed as insufficient an allegation that copies were not supplied, without alleging application and refusal.

Affirmed.

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PER CURIAM.

On a consolidated trial for the two offenses of breaking and entering and resisting an officer with violence to his person, the appellant was convicted and sentenced to seven years imprisonment. While so serving he petitioned the criminal court of record under Criminal Rule 1, F.S.A. Ch. 924 Appendix. He sought relief on the ground that no preliminary hearing was had and because the indictment papers were not furnished him. The trial court summarily denied the petition. In so ruling the trial judge did not commit error, and we affirm. A preliminary hearing was not essential to due process and a fair trial. No prejudice was shown to have resulted from its absence. Wooten v. State, Fla.App.1964, 163 So.2d 305; Hoffman v. State, Fla.App.1964, 169 So.2d 38. The statutory provisions for furnishing a copy of an indictment or information contemplate an application therefor. §§ 906.28 and 940.04, Fla.Stat., F.S.A. The trial judge correctly viewed as insufficient an allegation that copies were not supplied, without alleging application and refusal.

Affirmed.

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172 So. 2d 479, 1965 Fla. App. LEXIS 4344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-state-fladistctapp-1965.

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