Brookins v. State

Supreme Court of Florida

Brookins v. State

67 So. 142, 68 Fla. 436

CourtSupreme Court of Florida

DecidedDecember 1, 1914

StatusPublished

Cited by1 cases

This text of 67 So. 142 (Brookins v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brookins v. State, 67 So. 142, 68 Fla. 436 (Fla. 1914).

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Opinion

Cockrell, J.

Brookins was convicted in the Criminal Court of Record of assault and battery, a. misdemeanor, and takes writ of error from this court.

This court has appellate jurisdiction, Const. Art. V, Sec. 5, “in cases of conviction of felony in the Criminal Courts,” while the Circuit Courts have final appellate jurisdiction “of all misdemeanors tried in the Criminal Courts.”

It will then be seen that “conviction of a felony” is the basis for our jurisdiction over the Criminal Courts of Record. While the information upon which Brookins was tried, included felonious assault as well as those lesser ones, the verdict of the jury wiped out the felony charges and the conviction was for a misdemeanor.

• It follows that the writ of error was improvidently sued out from this court, and that it should be dismissed.

So ordered.

Shackleford, C. J., and Taylor, Hocker and Whitfield, J. J., concur.

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Cockrell, J.

Brookins was convicted in the Criminal Court of Record of assault and battery, a. misdemeanor, and takes writ of error from this court.

This court has appellate jurisdiction, Const. Art. V, Sec. 5, “in cases of conviction of felony in the Criminal Courts,” while the Circuit Courts have final appellate jurisdiction “of all misdemeanors tried in the Criminal Courts.”

It will then be seen that “conviction of a felony” is the basis for our jurisdiction over the Criminal Courts of Record. While the information upon which Brookins was tried, included felonious assault as well as those lesser ones, the verdict of the jury wiped out the felony charges and the conviction was for a misdemeanor.

• It follows that the writ of error was improvidently sued out from this court, and that it should be dismissed.

So ordered.

Shackleford, C. J., and Taylor, Hocker and Whitfield, J. J., concur.

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Bluebook (online)

67 So. 142, 68 Fla. 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brookins-v-state-fla-1914.

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