Anderson v. State
| Citation | 73 Fla. 86,74 So. 6 |
| Parties | ANDERSON v. STATE. |
| Decision Date | 25 January 1917 |
| Court | Florida Supreme Court |
Error to Circuit Court, Lafayette County; M. F. Horne, Judge.
M. L. Anderson on conviction brings error. Writ dismissed.
Syllabus by the Court
A writ of error, made returnable in violation of the provision of the statute that it 'shall be returnable to day, * * * more than thirty and not more than ninety days from the date of the writ,' will be dismissed by the Supreme Court of its own motion.
COUNSEL W. P. Chavous, of Mayo, for plaintiff in error.
T. F. West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.
The writ of error taken herein was dated and issued August 2, 1916, and made returnable August 16, 1916, and must be dismissed as having been taken in violation of the statute requiring that such writ 'shall be returnable to a day, either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.' Section 1698, Gen. Stats. 1906, chapter 5638, Acts 1907 (section 1698, Comp. Laws 1914). See Browning v. State, 40 Fla. 466, 25 So. 62. The fact that the Attorney General has not moved to dismiss the writ of error does not make the writ as issued effective.
The writ of error is dismissed.
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