State v. Davis

4 Citing cases

  1. The Florida Bar v. Davis

    272 So. 2d 485 (Fla. 1972)

    Incidentally, the present published report of the order denying certiorari at 238 So.2d 425, has an incorrect reference. The district court's decision appears at 233 So.2d 641, instead of 234 So.2d 713. The latter citation refers to a different case involving the same person, Richard C. Davis. In addition, the Referee stated that respondent in his capacity as co-administrator for the estate of Grace G. Dix had failed, notwithstanding court orders, to distribute the assets of the estate entrusted to him.

  2. State v. Davis

    243 So. 2d 587 (Fla. 1971)   Cited 35 times

    The decision is claimed to be in conflict with this court's decisions in Hollingsworth v. State, 73 Fla. 44, 75 So. 612; State v. Clein, Fla. 1956, 93 So.2d 876; State v. Bruno, Fla. 1958, 107 So.2d 9; Kelly v. State, Fla. 1956, 92 So.2d 172; Whitman v. State, 97 Fla. 988, 122 So. 567; and Middleton v. State, 74 Fla. 234, 76 So. 785. State of Florida v. Davis, 234 So.2d 713 (2nd Dist.Ct.App.Fla. 1970). There appears to be at least some conflict in the decision sought to be reviewed and statements of general principles of law in the above cited prior decisions of this Court.

  3. Crumity v. State

    922 So. 2d 276 (Fla. Dist. Ct. App. 2006)

    "Generally, the state cannot submit proof at trial of facts at material variance with those set forth in the information." State v. Davis, 234 So.2d 713, 715 (Fla. 2d DCA 1970). "Where . . . a crime may be committed in several ways, the evidence must establish that it was committed `in the manner charged' in the information."

  4. Banasik v. State

    889 So. 2d 916 (Fla. Dist. Ct. App. 2004)   Cited 2 times
    In Banasik, the State alleged the defendant, "while a prisoner in lawful custody of a law enforcement officer and while being transported to or from a place of confinement, did escape or attempt to escape from such custody," in violation of section 944.40 (pertaining to the state correctional system) and 951.24(4) (pertaining to county and municipal prisoners), Florida Statutes (2002). 889 So.2d at 917.

    "Generally, the state cannot submit proof at trial of facts at material variance with those set forth in the information." State v. Davis, 234 So.2d 713, 715 (Fla. 2d DCA 1970). Where, as here, a crime may be committed in several ways, the evidence must establish that it was committed "in the manner charged" in the information.