EX PARTE: C. C. PRICE

Fla. | 1931-12-15
103 Fla. 900 Florida Supreme Court (1931) Positive Treatment
Also reported at: 138 So. 382
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

This case concerns the proper procedure following a reversal of a criminal conviction by the Florida Supreme Court. The court ordered the prisoner to be delivered to the custody of the county sheriff for further proceedings as dictated by the Supreme Court's mandate.


Holding

The prisoner should be delivered to the custody of the county sheriff to be brought before the Circuit Court for further proceedings in accordance with the Supreme Court's mandate.


Key Quotes

“It appearing from the petition of C. C. Price, and from the records of the Supreme Court of the State of Florida, that the judgment and sentence of conviction against said C. C. Price under which he was committed to the custody of the respondent, Commissioner of Agriculture of the State of Florida as keeper of the State Prison, has been reversed by the Supreme Court of Florida, as appears by the mandate of said Court which has been transmitted to the Circuit Court of the Fourteenth Judicial Circuit in and for Jackson County, Florida, and that by reason thereof that the further imprisonment of said C. C. Price in the State Prison under the sentence imposed upon him would be contrary to law, but that said prisoner, C. C. Price, should be delivered to .the custody of the Sheriff of Jackson County to be produced before the Judge of the Circuit Court of Jackson County, Florida, in and for the Fourteenth Judicial Circuit, for further proceedings according to law in obedience to the mandate of the Supreme Court in the premises, it is thereupon ordered that the petitioner, C. C. Price, be and he is hereby delivered to the custody of the Sheriff of Jackson County, Florida, with directions to produce him before the Circuit Judge of the Fourteenth Judicial Circuit, in and for said County, for such further proceedings as may be according to law.”

This quote summarizes the facts and the court's order regarding the prisoner's custody and further proceedings.

Facts & Procedural History

C.C. Price was imprisoned under a judgment and sentence of conviction. The Supreme Court of Florida reversed this judgment and sentence. The mandate r…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Davis, J.

Davis, J.

It appearing from the petition of C. C. Price, and from the records of the Supreme Court of the State of Florida, that the judgment and sentence of conviction against said C. C. Price under which he was committed to the custody of the respondent, Commissioner of Agriculture of the State of Florida as keeper of the State Prison, has been reversed by the Supreme Court of Florida, as appears by the mandate of said Court which has been transmitted to the Circuit Court of the Fourteenth Judicial *901Circuit in and for Jackson County, Florida, and that by reason thereof that' the further imprisonment of said C. C. Price in the State Prison under the sentence imposed upon him would be contrary to law, but that said prisoner, C. C. Price, should be delivered to .the custody of the Sheriff of Jackson County to be produced before the Judge of the Circuit Court of Jackson County, Florida, in and for the Fourteenth Judicial Circuit, for further proceedings according to law in obedience to the mandate of the Supreme Court in the premises, it is thereupon ordered that the petitioner, C. C. Price, be and he is hereby delivered to the custody of the Sheriff of Jackson County, Florida, with directions to produce him before the Circuit Judge of the Fourteenth Judicial Circuit, in and for said County, for such further proceedings as may be according to law.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Adderley v. Tight, 121 So. 2d 806 (Fla. 2d DCA 1960)
    …da Appellate Rules, 31 F.S.A., and accordingly, the appeal is dismissed sua sponte. See Chastain v. Embry, Fla.App. 1960, 118 So. 2d 33; Schutzer v. City of Miami, Fla.App.1958, 99 So. 2d 729; Bagdad Land & Lumber Co. v. Boyette, 1931, 104 Fla. 696, 138 So. 382. Dismissed. ALLEN, C. J., and KANNER and SHANNON, JJ., concur.…

Full citator, related cases, and AI research tools

Open in FLexlaw