Browne v. State

• Decision Date: 16 December 1924
• Citation: 102 So. 546,88 Fla. 457
• Parties: BROWNE v. STATE.
• Court: Florida Supreme Court

102 So. 546

88 Fla. 457

BROWNE v. STATE.

Florida Supreme Court, Division B.

December 16, 1924

Error to Circuit Court, Volusia County; J. J. Dickinson, Judge.

Charles Browne, alias Charles Pisellia, alias Charles Piselli, alias Charles Pisella, alias Joseph John Young, was convicted of murder, and he brings error.

Reversed.

Syllabus by the Court

SYLLABUS

Granting or denying postponement or continuance will not be disturbed in absence of abuse of discretion. Application for postponement or continuance is addressed to the sound judicial discretion of the trial court, and the ruling of the court either granting or denying such application will not be disturbed unless an abuse of this discretion is clearly shown.

Accused and counsel are entitled to reasonable time after indictment to prepare for trial; denying postponement or continuance is subject to review on writ of error. An accused and his counsel are entitled to a reasonable time in which to prepare for trial after indictment, and the ruling of a trial court denying an application for postponement or continuance is subject to review on writ of error.

Judgment of conviction will be reversed for abuse of discretion in denying motion for postponement or continuance. Where, in a criminal prosecution, an abuse of discretion in denying a motion for postponement or continuance is clearly shown, and it appears that in the furtherance of justice a new trial should be awarded, a judgment of conviction will be reversed because of such error.

COUNSEL

J. E. Peacock, of De Land, for plaintiff in error.

Rivers Buford, Atty. Gen., and J. B. Gaines, Asst. Atty. Gen., for the State.

OPINION

WEST J.

Plaintiff in error, Charles Browne, alias Charles Pisellia, alias Charles Piselli, alias Charles Pisella, alias Joseph John Young, was jointly indicted with Clara Browne, alias Clara Pisellia, alias Clara Piselli, alias Clare Pisella, his wife and Joe Brown, alias George Browne, alias George F. Burns alias George L. Guinasso. The charge was murder. Upon motion of the state's attorney, there was a severance. Plaintiff in error was put upon trial. There was a verdict of guilty and sentence of death.

The indictment was returned on November 15, 1923. On the same day an attorney was appointed to represent the defendant Charles Browne. The defendant was duly arraigned and entered a plea of not guilty. The case was set to be tried on the 19th day of November, 1923. When the case was reached for trial on that day, there was a motion for a postponement of the trial 'to a date not earlier than Friday November 23, 1923.' The grounds of the motion are that the attorney for defendant had not had reasonable time within which to familiarize himself with the case and prepare for the trial and defense of defendant; that the defendant is a resident of the state of New York; that he 'is afflicted with periodical insanity, and insane delusions, which come over and possess him frequently, frequently weekly, and sometimes more often; that during these spells the defendant is absolutely incompetent, insane, and knows nothing of his actions or conduct; that he has been an inmate of a hospital for the insane, to wit, of Dannemara State Hospital, of Dannemara, New York, in which he has recently been confined for a period of a year and a half; that defendant was in the United States service during the recent World War, during which time he suffered severe physical injury by means of being gassed, and by reason of which injuries he suffers insane delusions and periodical insanity above mentioned'; that he had not had an opportunity to get in communication with his relatives and...