Rehearing Denied May 28, 1952.
W. D. Bell, Miami, for appellant.
Richard W. Ervin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for appellee.
The defendant-appellant, James Caston, was informed against in the Criminal Court of Record of Broward County, Florida and charged with having intercourse with an unmarried female Negro girl of previous chaste character, who at the time it is alleged was under eighteen years of age, contrary to Section 794.05, F.S.A. The appellant upon arraignment entered a plea to the first count of the information, supra, and upon motion of the County Solicitor count two thereof, by an appropriate order of the trial court, was nolle prossed. On April 5, 1950, the trial court adjudged James Caston, defendant-appellant, guilty of the crime described or referred to in count one of the information. Sentence was withheld pending a pre-sentence investigation by the Florida Parole Commission.
On May 11, 1950, the cause was further heard by the trial court and the following language appears in the probation order: 'the above defendant entered a plea of guilty to the offense of carnal intercourse with an unmarried person under eighteen
years, the Court does hereby adjudge you to be guilty of the crime for which you have plead guilty.' The order placed the appellant on probation for a period of five years under the supervision of the Florida Parole Commission. Imposition of sentence was by the terms of the probation order suspended.
Pertinent are the following provisions of the probation order:
'It Is Further Ordered, That the aforesaid defendant shall comply with the following general and specific conditions of probation:
'(a) Not change the defendant's residence or employment or leave the county of residence without first procuring the consent of the Court, which consent shall be obtained through the defendant's Probation Supervisor.
'(b) Not later than the fifth day of each month, until the defendant's release, make a full and truthful report to the defendant's Probation Supervisor on the form provided for that purpose, and as otherwise directed by the Supervisor.
'(c) Use no narcotic drugs; nor visit places where intoxicants or drugs are sold, dispensed or used unlawfully; nor use intoxicants of any kind to excess.
'(d) Avoid injurious or vicious habits or bad reputation.
'(e) In all respects live honorably, work diligently at a lawful occupation, and support dependents, if any, to the best of defendant's ability, and live within what income is available.
'(f) Neither carry nor own any weapons without first securing the consent of the Probation Supervisor.
'(g) Visit no gambling places or 'juke joints.'
'(h) Live and remain at liberty without ...