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eBook details

• Title: State Florida v. Rudolph S. Saunders
• Author : Supreme Court of Florida
• Release Date : January 12, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

On February 16, 1974, an off-duty policeman sought to arrest one Stephens for a supposed violation of Section 877.03, Florida Statutes (1975). Stephens was selling newspapers in Tampa on the corner of Franklin and Polk Streets "confronting people on the street and appearing to hassle with them." Appellee Saunders was accused by amended information of resisting Stephens arrest with violence, in violation of Section 843.01, Florida Statutes (1975). The trial court granted an untraversed motion to dismiss the charges against Saunders on the ground that the arrest of Stephens, which Saunders concededly resisted with force, was unlawful "in that it was predicated on an unconstitutional statute, to-wit: the Breach of Peace Statute, Florida Statute 877.03." The prosecution took an appeal to the District Court of Appeal, Second District, and that court transferred the cause here. Because the trial court "initially and directly [passed] on the validity of a state statute," Article V, Section 3(b)(1), Florida Constitution, we have jurisdiction.

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