Mamie Wright v. C. Edmund Worth

WHITFIELD, J. -- A petition was filed in the Circuit Court of Hillsborough County in which it is alleged that Mamie Wright was arrested by police officers of the City of Tampa ""and that following her arrest on said date the following charge, in substance, was made and entered against her on the police docket of the municipal court of said City of Tampa, to-wit: No. 47018, name and complaint, Mamie Wright, having liquor in her possession in violation of Section 18a. Which said charge is unsupported by oath or affirmation and does not put this petitioner on notice of crime or offense of which she is charged in said municipal court; that the ordinance of said City of Tampa designated as Section 18a is in substance, as follows: 'Ordinance No. 18a. An ordinance prohibiting the unlawful custody of intoxicating liquors, or the sale thereof, within the City of Tampa, and providing penalty therefor. Section 1. It shall be unlawful for any person, persons, firm r corporation to have or keep in possession any intoxicating liquors, the possession of which is made unlawful by the act of Congress of the United States, or to offer the same for sale within the limits of the City of Tampa. Section 2. Whoever violates section one of this ordinance shal be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail not more than sixty days, ro by both such final and imprisonment in te discretion of the court; that under said ordinance nothing is made criminal or an offense for the reason that the things undertaken by said ordinance to prohibit or forbid are dependent not upon the terms or provisions of said ordinance, but upon the terms of some