Emmett v. State
| Decision Date | 28 September 1956 |
| Citation | 89 So.2d 659 |
| Parties | Robert Owen EMMETT, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Clifford J. Krueger, for appellant.
Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.
Appellant seeks modification of a judgment of conviction and sentence to 15 years in the State Prison for commission of the offense of manslaughter to which he pleaded guilty.
It is contended that the circumstances reflected by the record justify the conclusion that the sentence was excessive and constituted cruel and unusual punishment within the prohibitions of Section 8 of the Declaration of Rights of the Constitution of Florida, F.S.A. and amendment Article VIII of the Constitution of the United States.
The position of the appellant is adequately disposed of by the decisions of this court in Walker v. State, Fla.1950, 44 So.2d 814; and La Barbera v. State, Fla.1953, 63 So.2d 654. There is nothing appearing in the record before us that would justify any recession from the decisions cited. The matters and things set out in the record and briefs may be appropriate for consideration by the Pardon Board, but they do not justify the intervention of this court.
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Stanford v. State
...was by petition to the Pardon Board. See also Walker v. State, Fla., 44 So.2d 814; La Barbera v. State, Fla., 63 So.2d 654; Emmett v. State, Fla., 89 So.2d 659; and Hutley v. State, Fla., 94 So.2d 815, wherein the Brown case was affirmed. While the appeal here is not based on excessiveness ......
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Tilghman v. Culver
...sentences which have been imposed within the maximum allowed by statute. e.g. Hutley v. State, Fla.1957, 94 So.2d 815; Emmett v. State, Fla.1956, 89 So.2d 659; LaBarbera v. State, Fla.1953, 63 So.2d 654; Walker v. State, Fla.1950, 44 So.2d 814. Even if the relevant statements of the trial j......
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Neering v. State, s. 31865
...The Brown case has been reaffirmed in Walker v. State, Fla.1950, 44 So.2d 814; La Barbera v. State, Fla.1953, 63 So.2d 654; Emmett v. State, Fla.1956, 89 So.2d 659; Hutley v. State, Fla.1957, 94 So.2d 815, and Sanford v. State, Fla.1959, 110 So.2d 1. See also Chavigny v. State, Fla.App.1959......
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Thornton v. Culver
...to the trial court we would point out that the only recourse of petitioner would be an appeal to the State Pardon Board. Emmett v. State, Fla.1956, 89 So.2d 659. Emanating from his record is a strong aroma of a domestic hassle being litigated on the criminal docket of the court. Nonetheless......