Tootle v. State

Supreme Court of Florida

Tootle v. State

123 So. 922, 98 Fla. 469

CourtSupreme Court of Florida

DecidedSeptember 26, 1929

StatusPublished

Cited by4 cases

This text of 123 So. 922 (Tootle 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

Tootle v. State, 123 So. 922, 98 Fla. 469 (Fla. 1929).

Pincite

Opinion

Per Curiam.

The transcript of the record in this case does not contain any judgment of conviction. What appears to have been considered as such a judgment is nothing more than the sentence of the court. There is no adjudication by the court of the guilt of the defendant, of the *470 crime for which the plaintiff in error was convicted by the jury in the trial court. There is, therefore, no such final judgment as will support a writ of error. See Maniscalco v. State, decided at the present time, and cases therein cited. The writ of error must, therefore, be quashed and the cause remanded. It is so ordered.

Terrell, C. J., and Ellis and Brown, J. J., concur.

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Per Curiam.

The transcript of the record in this case does not contain any judgment of conviction. What appears to have been considered as such a judgment is nothing more than the sentence of the court. There is no adjudication by the court of the guilt of the defendant, of the *470 crime for which the plaintiff in error was convicted by the jury in the trial court. There is, therefore, no such final judgment as will support a writ of error. See Maniscalco v. State, decided at the present time, and cases therein cited. The writ of error must, therefore, be quashed and the cause remanded. It is so ordered.

Terrell, C. J., and Ellis and Brown, J. J., concur.

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Bluebook (online)

123 So. 922, 98 Fla. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tootle-v-state-fla-1929.

Opinion

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