Collingsworth v. Mayo
| Decision Date | 28 September 1948 |
| Citation | 37 So.2d 696 |
| Parties | COLLINGSWORTH v. MAYO. |
| Court | Florida Supreme Court |
Rehearing Denied Oct. 21, 1948.
Albert Collingsworth in pro. per.
J. Tom Watson, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for respondent.
This is a habeas corpus proceeding instituted by one Albert Collingsworth, in proper person, for the purpose of procuring his release from the State Prison under a sentence imposed upon a judgment of conviction of robbery. As a predicate for the issuance of the writ the petitioner avers in his petition that the judgment and sentence imposed upon him were illegal and should be set aside for the reasons: (1) That at the time of his arrest his appearance bond was set at such high amount that he could not make the same and hence was incarcerated until his trial; (2) that during the period of his incarceration prior to trial he was deprived of the opportunity to communicate with witnesses or counsel; (3) that he was denied the right to obtain witnesses in his own behalf or to retain counsel; (4) that he was tried without the aid of counsel or witnesses; (5) that during the course of the trial the trial judge erred in admitting and rejecting certain testimony, in giving certain charges to the jury, and in denying his motions for directed verdict and (6) that the evidence upon which he was convicted was insufficient to support the verdict. The petitioner concludes his petition with the averment that 'The Court erred in its ruling against the defendant and in favor of the State as will be shown to the court by the official court reporter's transcript of the testimony * * *'; and the petitioner offers to produce such transcript in support of his grounds in the event the petition for the writ of habeas corpus is granted.
The 'official court reporter's transcript of the testimony' to which the petitioner refers is already of record in this court. It was brought here on September 24, 1946 when the petitioner, as an appellant, took an appeal to this court from the judgment and sentence which he now questions on the grounds stated in his petition. It is one of our own records of which we may take judicial notice, and from it we learn that the trial with respect to which the contentions are now made by the petitioner arose out of a criminal information framed in three counts filed on April 29, 1946, by the State Attorney for Okaloosa County, Florida, against one Eules Lassiter, Burl Hall, Ben Gayin, and the petitioner. At the trial held on May 3, 1946, the petitioner was found guilty on the third count of the information, which charged the commission of the crime of unarmed robbery in violation of section 813.02, Florida Statutes 1941, F.S.A. Judgment was entered against the petitioner on May 4, 1946, and on the same day the sentence of which petitioner complains was entered. At the conclusion of the imposition of sentence and on the same day of its entry, an appeal was taken on behalf of the petitioner from the judgment entered and the entire record of the proceedings of the trial were brought to this court for review. Subsequently, on December 9, 1946, on motion of the Attorney General of Florida, the appeal was dismissed by this court for failure of the petitioner to file briefs and otherwise perfect his appeal.
Whatever may be the truth with respect to the petitioner's charges that he was denied...
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State v. Avery, 87-0270
...not reveal). See also Foxworth v. Wainwright, 167 So.2d 868 (Fla.1964); Irvin v. Chapman, 75 So.2d 591 (Fla.1954); and Collingsworth v. Mayo, 37 So.2d 696 (Fla.1948). Circuit Judge Marvin Mounts eloquently said in Schwartzbach that even if appellee had given his consent, it was coerced in t......
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