Davis v. State
| Decision Date | 19 May 1942 |
| Parties | DAVIS v. STATE. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, broward County; George W. Tedder judge.
Roach & Hoyl, of Fort Lauderdale, for appellant.
J. Tom Watson, Atty. Gen., Millard B. Conklin, Asst. Atty. Gen., and Woodrow M. Melvin, Sp. Asst. Atty. Gen., for appellees.
We have before us for review a judgment of conviction of manslaughter.
One question presented is whether Section 224 of the Criminal Procedure Act, Acts 1939, c. 19554, is mandatory or directory as requiring the polling of the jury before rendition of verdict. The section reads:
The effect of the Criminal Procedure Act was to virtually codify the established practice of our courts. The party seeking reversal for its non-observance has the burden of showing harmful error.
In this case all the jurors came into court and while they were not polled there is no contention that any member of the jury was absent. The presiding judge inquired if they has reached a verdict. The verdict was delivered and published in open court in the presence of the jury.
Section 309 provides:
We hold that Section 224 is directory. The contention of appellant is without merit.
The next question is the sufficiency of the evidence. It is urged by the State that the evidence is conflicting and the verdict...
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Wilson v. State
...reversal because a jury wasn't properly polled concerning its advisory sentence has the burden of showing harmful error. Davis v. State, 150 Fla. 597, 8 So.2d 36 (1942). As in Davis, there is no contention here that any member of the jury was absent; also there is no contention that the pub......
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Thomas v. State
...he was injuriously affected in his substantial rights by the occurrence complained of. No such showing has been made. See Davis v. State, 150 Fla. 597, 8 So.2d 36, and Cornelius v. State, Fla., 49 So.2d 332, 335. In the latter case the Court found that there was an error as complained of, b......
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Hall v. State
...held that the applicability of the doctrine of harmless error is dependent upon the rule of procedure involved. Davis v. State, 150 Fla. 597, 8 So.2d 36 (1942); Spradley v. State, Fla.1974, 293 So.2d 697. In Davis, Supra, the court specifically found the rule in question to be merely direct......
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Lyons v. Town of Lake Park
...that the risk of an inadequate record for full appellate review generally rests on the party asserting the error. Cf. Davis v. State, 1942, 150 Fla. 597, 8 So.2d 36; O'Steen v. State, 1927, 92 Fla. 1062, 1075-1076, 111 So. 725; Coggins v. State, Fla. App.1958, 101 So.2d 400, It is further u......