98 Fla. 473 - Drawdy v. State

How this case has been cited

Cited by 14 later decisions — most recently April 2016

1 federal appellate · 8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1 In the information filed in this case it was attempted to charge the defendant with the violation of Section 5345, Revised General Statutes of Florida, Section 7479, Compiled General Laws of 1927. There was a motion to quash the information.

¶2 An information attempting to charge a person with the crime of endeavoring to incite or procure another to commit perjury must set forth all the material allegations necessary to’ show that if the endeavor had been successful perjury would have been committed and the proposed false statement sought to be procured, together with the true state of facts in that regard, must be set out with the same particularity that is required in an indictment for perjury.

¶3 The information in the present ease fails to meet the requirements as stated by this Court in the case of Fudge v. State, 57 Fla. 7, 49 So. R. 128, and cases there cited.

¶4 For the reasons stated the information should have been quashed and.it is, therefore, necessary to reverse the judgment. -It is so ordered.-

¶5 *475 Reversed.

Whitfield, P. J., and Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown? J. J., concur in the opinion and judgment.