Craft v. State
| Decision Date | 28 July 1900 |
| Citation | 28 So. 761,42 Fla. 610 |
| Parties | CRAFT v. STATE. |
| Court | Florida Supreme Court |
Error to circuit court, Baker county; Rhydon M. Call, Judge.
William Craft was convicted of perjury, and brings error. Motion for an order directing that he be retained in the custody of the sheriff pending the disposition of the writ. Granted.
Syllabus by the Court
1. Where a person convicted of a felony, and sentenced to a term of imprisonment in the state prison, and to pay the costs of prosecution, but against whom no fine is adjudged, sues out a writ of error to review such judgment, and upon proof made as provided by section 2977, Rev. St., the trial court makes an order that plaintiff in error be relieved from payment of all costs in the cause, such writ of error operates as a supersedeas to the execution of the judgment, upon plaintiff in error remaining in the custody of the sheriff of the court passing the sentence.
2. Where it is made to appear to the supreme court that a person convicted of a felony, and sentenced to a term of imprisonment in the state prison, is undergoing execution of such sentence, notwithstanding the pendency in said court of a writ of error to review such judgment, and the performance of all things necessary to cause said writ of error to operate as a supersedeas upon such person remaining in the custody of the sheriff of the court passing the sentence, as provided by section 2977, Rev. St., the supreme court is authorized to require, and will require, the commissioner of agriculture, and the contractor for state convicts having such person in custody, to deliver him to the sheriff of the court passing the sentence, to be held in the custody of such sheriff during the pendency of the writ of error, or until released as provided by law.
Leonidas E. Wade and Bryant D. Hiers, for plaintiff in error.
William B. Lamar, Atty. Gen., for the State.
In April of the present year, plaintiff in error was convicted of perjury in the circuit court of Baker ocunty, and sentenced to confinement at hard labor in the state prison for the term of 20 years. From this sentence he sued out this writ of error.
Upon proof presented to the circuit court as provided by section 2977, Rev. St., that court made an order that plaintiff in error be relieved from the payment of all costs in the cause. The judgment does not impose a money fine, but simply imprisonment in ...
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