State v. Tindell (88 So. 2d 123, 1956)

HOBSON, Justice.

Appellee, Tindell, was indicted by the Dade County Grand Jury, charged with manslaughter and, pursuant to Chapter 30227, Laws of Florida 1955, was arraigned in the Dade County Circuit Court. He pleaded not guilty and moved to quash the proceedings, contending that Chapter 30227 was unconstitutional as violative of Section 24 of Article V of the Florida Constitution, F.S.A., which provides for a Criminal Court of Record, and Section 25 of Article V, which pertains to the jurisdiction of the Criminal Court of Record and provides “the said Courts shall have jurisdiction of all criminal cases not capital which shall arise in said counties respectively.’'

The question of the constitutionality of Chapter 30227 was certified to this court, but we declined to answer the question on the showing then made. State v. Tindell, Fla. 1955, 82 So.2d 746.

The Circuit Court held the statute unconstitutional and ordered the proceedings quashed and the cause transferred to the Criminal Court of Record.

Chapter 30227 reads as follows:

“An Act relating to all counties having a population of four hundred ninety thousand (490,000) or more, according to the last federal census, in each judicial circuit of the State of Florida providing that homicides, either murder or manslaughter, shall be presented to the grand jury, and shall be prosecuted by the state attorney upon an indictment in the circuit court having jurisdiction and venue of said offense.

“Be it Enacted by the Legislature of the State of Florida:

“Section 1. In each judicial circuit of the State of Florida, which embraces and includes a population of more than four hundred ninety thousand (490,000) people, according to the last preceding federal census, all homicides, either murder or manslaughter, shall be prosecuted by the State Attorney.

“Section 2. All homicides, either murder or manslaughter shall be presented to the Grand Jury of the county in which the offense occurred and shall be prosecuted upon indictment in the Circuit Court of the county in which the offense occurred.

“Section 3. This Act shall take effect from the time it becomes law.”

The grounds upon which the circuit judge held the above statute unconstitutional do not appear in his order. The State, as appellant, seeks to re-establish the constitutionality of the statute. No brief has been filed by appellee, a practice of which we do not approve.

The principal and controlling question with which we are immediately confronted arises because the title of the act refers to “all counties having a population