Simpson v. State

Supreme Court of Florida

Simpson v. State

176 So. 515, 129 Fla. 127, 1937 Fla. LEXIS 1078

CourtSupreme Court of Florida

DecidedMarch 15, 1937

StatusPublished

Cited by4 cases

This text of 176 So. 515 (Simpson 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

Simpson v. State, 176 So. 515, 129 Fla. 127, 1937 Fla. LEXIS 1078 (Fla. 1937).

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Opinions

In this cause Mr. Chief Justice ELLIS and Mr. Justice DAVIS and Mr. Justice TERRELL are of the opinion that the judgment of the Criminal Court of Record for Dade County should be reversed; while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the *Page 128 members of the Court are permanently and equally divided in opinion as to whether the said judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree should be affirmed; therefore it is considered, ordered and adjudged under the authority of State, ex rel. Hampton, v. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment of the Criminal Court of Record in this cause be and the same is hereby affirmed.

Affirmed.

ELLIS, C.J., and WHITFIELD, TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.

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In this cause Mr. Chief Justice ELLIS and Mr. Justice DAVIS and Mr. Justice TERRELL are of the opinion that the judgment of the Criminal Court of Record for Dade County should be reversed; while Mr. Justice WHITFIELD, Mr. Justice BROWN and Mr. Justice BUFORD are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the *Page 128 members of the Court are permanently and equally divided in opinion as to whether the said judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree should be affirmed; therefore it is considered, ordered and adjudged under the authority of State, ex rel. Hampton, v. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment of the Criminal Court of Record in this cause be and the same is hereby affirmed.

Affirmed.

ELLIS, C.J., and WHITFIELD, TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.

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Bluebook (online)

176 So. 515, 129 Fla. 127, 1937 Fla. LEXIS 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-state-fla-1937.

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