R. C. MAUDLIN, ALIAS LEROY HOWARD,
v.
STATE; AND FREIDA VALLEY V. STATE

Fla. | 1934-03-27
114 Fla. 376 Florida Supreme Court (1934)
Also reported at: 154 So. 184

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Synopsis

The Florida Supreme Court reversed judgments against accessories before the fact because they were entered before a judgment was pronounced against the principal offender. The court remanded the cases for proper judgment entry after the principal's judgment.


Holding

No, a judgment against accessories before the fact cannot be validly entered before a judgment is pronounced against the principal offender. The judgments entered in these cases were therefore erroneous.


Key Quotes

“we find reflected therein no reversible error except that judgment appears by that other record lodged in this Court to have been entered against these convicted accessories after the principal in the substantive offense had pleaded guilty as principal, but before judgment had been pronounced against her.”

This quote explains the specific error found by the court regarding the timing of the judgment against the accessories.

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Facts & Procedural History

The defendants were convicted as accessories before the fact. However, the judgment against them was entered before a judgment was pronounced against …

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Opinion of the Court
Buford, J.

Buford, J.

— The writs of error in these cases bring for review the same judgment which was attacked in the habeas corpus proceedings in the case of State, ex rel. Maudlin, et al., v. Dan Hardie, Sheriff, in which opinion was filed at this term of the Court, 114 Fla. 374, 154 So. 183.

The record has been. examined and considered with the result that we find reflected therein no reversible error except that judgment appears by that other record lodged in this Court to have been entered against these convicted accessories after the principal in the substantive offense had pleaded guilty as principal, but before judgment had been pronounced against her. See State, ex rel. Maudlin, et al., v. Hardie, supra, and authority there cited.

For the reasons stated in State, ex rel. Maudlin v. Hardie, supra, the judgments entered in these cases are reversed *377and the causes ate remanded for the entry of proper judgments after the entry of judgment against the principal in the commission of the offense of which these defendants were charged and convicted of being accessories before the fact.

It is so ordered.

Reversed and remanded.

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


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