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Yoemans v. State

Supreme Court of Florida, Division A
May 8, 1931
134 So. 237 (Fla. 1931)

Opinion

Decision filed May 8, 1931.

A writ of certiorari to the Circuit Court for Lee County; George W. Whitehurst, Judge.

Watt Lawler, for Petitioner;

Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for Respondent.


On authority of the opinion and judgment in the case of Benton vs. The State, 74 Fla. 30, 76 So. 341, the writ of certiorari should be quashed. It is so ordered.

BUFORD, C.J., AND WHITFIELD, ELLIS, AND TERRELL, J.J. concur.

BROWN, J., dissents.

DAVIS, J., disqualified.


A part of the material evidence on which this man was convicted in the County Court was obtained by an unlawful search of his person. Due objection was made by defendant. I think the admission of this evidence was a "departure from the essential requirements of the law," and that the Circuit Court should have reversed the judgment of the County Court. See Brinson v. Tharin, 99 Fla. 696, 127 So. 313.


Summaries of

Yoemans v. State

Supreme Court of Florida, Division A
May 8, 1931
134 So. 237 (Fla. 1931)
Case details for

Yoemans v. State

Case Details

Full title:LUBY YOEMANS, Petitioner, vs. THE STATE OF FLORIDA, Respondent

Court:Supreme Court of Florida, Division A

Date published: May 8, 1931

Citations

134 So. 237 (Fla. 1931)
134 So. 237