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Duff v. State

District Court of Appeal of Florida, First District
Jan 26, 1965
171 So. 2d 55 (Fla. Dist. Ct. App. 1965)

Opinion

No. G-73.

January 26, 1965.

Appeal from the Circuit Court, Alachua County, James C. Adkins, Jr., J.

Leslie Preane Duff, Jr., in pro. per.

Earl Faircloth, Atty. Gen., and William D. Roth, Sp. Asst. Atty. Gen., for appellee.


Appellant was informed against by the State Attorney of the Eighth Judicial Circuit in two separate informations charging him with the offenses of unlawful escape and unlawful possession of a weapon while incarcerated in the state prison. Appellant was represented at the trial by the public defender, and upon arraignment plead guilty to each of the charges made against him. From the judgment of conviction and sentence rendered in each case, appellant has appealed.

The sole point on appeal presented by appellant is whether his constitutional rights have been violated because the judgments of conviction arose out of prosecutions initiated by informations filed by the State Attorney rather than by an indictment of a grand jury. It is appellant's position that the Constitution of the United States requires that no person be prosecuted for an infamous crime except upon an indictment by a grand jury, and that such mandate is binding in state prosecutions as well as in prosecutions under federal law.

In the early case of Sawyer v. State it was held that the Fifth Amendment to the Federal Constitution which provides that no person shall be held to answer for a capital, or otherwise infamous, crime, unless on presumption or indictment of a grand jury, is a limitation upon the Federal Government and has no reference whatever to State action. This principle was reaffirmed by this Court in the Davis case which not only followed the Sawyer case above referred to, but also the federal case of Koch v. Zuieback.

Sawyer v. State, 94 Fla. 60, 113 So. 736.

Davis v. State, (Fla.App. 1964) 166 So.2d 189.

Koch v. Zuieback, 9 Cir., 316 F.2d 1.

This appeal having been found to be without merit, the judgments appealed are affirmed.

CARROLL, DONALD K., Acting C.J., and RAWLS, J., concur.


Summaries of

Duff v. State

District Court of Appeal of Florida, First District
Jan 26, 1965
171 So. 2d 55 (Fla. Dist. Ct. App. 1965)
Case details for

Duff v. State

Case Details

Full title:LESLIE PREANE DUFF, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 26, 1965

Citations

171 So. 2d 55 (Fla. Dist. Ct. App. 1965)

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