State v. Egan

287 So. 2d 1 (1973)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Egan (D) was indicted by a grand jury for nonfeasance under the common law. The criminal liability for common law crimes was allowed under statute Section 775.01 which stated that when not regulated by statute, English common law crimes may be prosecuted. D filed a motion to dismiss challenging the constitutionality of a Florida law that made the common law of England was a violation of due process and the right to be informed of the nature of accusations. The lower court looked to the issue of whether the statute was too vague and indefinite. It found for D, and the State appealed.