Opinion

Brown v. State

  • 130 Fla. 479
  • 178 So. 153
  • 1938 Fla. LEXIS 1301
Court
Supreme Court of Florida
Filed
Jan 5, 1938
Status
Published
Author
Brown
On the bench
Ellis, Whitfield, Terrell, Buford, Chapman, Brown
Cited by
24 cases

holding that the commission of a substantive crime and a conspiracy to commit the substantive crime are separate and distinct offenses

How later courts described this case

  • holding that the commission of a substantive crime and a conspiracy to commit the substantive crime are separate and distinct offenses

Written by the judges who cited it.

The opinion

Brown, J.

(concurring specially).—While I dissented from the opinion and judgment of the Court above alluded to, which was rendered on July 1st, 1937, during the present term of Court, which term began on the second Tuesday in June, 1937, and terminates on January 11th, of this

*487

year, 1938, I concur in the foregoing interpretation of what was meant by the majority of the Court in the original opinion. I have no doubt of the power of this Court to clarify the meaning of an opinion during the same term in which it was rendered, where the language used is ambiguous, or is in danger of being misunderstood by the lower court on a second trial of the case. By this concurring in the clarification of the previous majority opinion, I do not wish to be understood as receding from my previous dissent. I am still of the opinion that no

reversible

error was shown by the record and that the judgment appealed from should have been affirmed, but I do not think-any useful purpose would be subserved by writing an opinion setting forth the reasons why I have sincerely reached different conclusions from those arrived at, just as sincerely, by my associates.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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