BENNIE MANISCALCO, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1929-09-25
Terreli,, C. J., and Ellis, J., concur.
98 Fla. 468 Florida Supreme Court (1929) Positive Treatment
Cited by 6 cases
Opinion of the Court
Brown, J.

Brown, J.

The alleged judgment to which this writ of error is addressed is nothing more than the sentence of the court. It contains no adjudication by the court of the guilt of the defendant. Johnson v. State, 81 Fla. 783, 89 So. R. 114, and cases cited; Timmons v. State, 119 So. R. 393; Caughn v. State, 122 So. R. 565. As indicated in the eases cited, a so-called judgment which contains no adjudication by the court of the guilt of the defendant, does not constitute such a final judgment as will support a writ of error. The writ of error in this case, therefore, must be quashed.

Writ of error quashed.

Terreli,, C. J., and Ellis, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Ellis v. State, 100 Fla. 27 (Fla. 1930)
    …missed on authority of Jacksonville, T. & K. W. Ry Co. v. Boy, supra. The Attorney General states in the brief filed in behalf ot the State that it “must be conceded that the record does not show a valid judgment, ’ ’ and cites Maniscalco v. State, 98 Fla. 468, 123 So. R. 922; Tootle v. State, 98 Fla. 469, 123 So. R. 922; Kuhn v. State, 98 Fla. 206, 123 So. R. 755. [*41] In the case of Smith v. State, 75 Fla. 468, 78 So. R. 530, the indictment' sought to charge Smith with the offense of unlawfully selling…
  • Anderson v. Chapman, 109 Fla. 54 (Fla. 1933)
    …, 81 Fla. 783, 89 Sou. Rep. 114; Harris v. State, 75 Fla. 527, 78 Sou. Rep. 526; Norwood v. State, 80 Fla. 613, 86 Sou. Rep. 506; Timmons v. State, 97 Fla. 23, 119 Sou. Rep. 393; Tootles v. State, 98 Fla. 469, 123 Sou. Rep. 922; Maniscalco v. State, 98 Fla. 468, 123 Sou. Rep. 922; Ex-Parte McDaniel, 86 Fla. 145, 97 Sou. Rep. 317; Mathis v. State, 67 Fla. 277, 64 Sou. Rep. 944; Burns v. State, 97 Fla. 232, 120 Sou. Rep. 360; Ellis v. State, 100 Fla. 27, 129 Sou. Rep. 106. And such a sentence, being void, wi…
  • Scroggins v. State, 125 Fla. 49 (Fla. 1936)
    …sufficient to support the writ of error. Tootles v. State, 98 Fla. 469, 123 So. 922; Johnson v. State, 81 Fla. 783, 89 So. 114; Timmons v. State, 97 Fla. 23, 119 So. 393; Pittsburgh Steel Co. v. Struty, 60 Fla. 183, 53 So. 505; Maniscalco v. State, 98 Fla. 468, 123 So. 922. If this second judgment and sentence had not been imposed the result of the first writ of error would have been a reversal for a proper judgment, but since that has been entered it would now be futile to have the defendant brought befo…

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