White v. State

170 So. 700, 126 Fla. 232, 1936 Fla. LEXIS 1585

• Court: Supreme Court of Florida
• Decided: November 19, 1936
• Status: Published

Opinion

Per Curiam.

In this case Mr. Chief Justice Whitfield, Mr. Justice Ellis, and Mr. Justice Buford, are of the opinion that the judgment of the Circuit Court should be affirmed, while Mr. Justice Terrell, Mr. Justice Brown, and Mr. Justice Davis, are of the opinion that the said judgment should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation it appears that the members' of the Court are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed; therefore, it is considered, ordered and adjudged under the authority of State, ex rel. Hampton, v. McClung, 47 Fla. 224, 37 Sou. Rep. 51, that the judgment of the Circuit Court in this cause be and the same is hereby affirmed.

Affirmed.

Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.