Ex Parte Daly
| Decision Date | 04 November 1913 |
| Citation | 63 So. 834,66 Fla. 345 |
| Parties | Ex parte DALY. |
| Court | Florida Supreme Court |
Headnotes Filed Jan. 9, 1914.
Application for writ of habeas corpus by Clarence Daly. Denied, and petitioner remanded.
Syllabus by the Court
The order of the Governor assigning the judge of one circuit to hold a special term of court in a county of another circuit than his own need not specify any particular case there to be tried, but may be worded in general terms assigning said judge to hold said special term in said county at the particular date therein fixed to try any and all causes as might be there ready to be tried, and the misnomer of a party in the Governor's order of assignment, upon whom it was supposed a crime had been committed, may be treated as surplusage without detracting from the effectiveness of the order of assignment.
Section 1814 of the General Statutes of 1906, under which the Governor acts in assigning the judge of one circuit to hold a special term in another circuit, does not conflict with any provision of our organic law, but is expressly sanctioned by the provisions of section 8 of article 5 of our Constitution as amended in 1901.
A special term, so called, is distinguished from the regular or general terms of the circuit courts only in the date or time that it is convened or held; the regular or general terms being held on specific dates prescribed by law, while the date for holding a special term is not fixed by law.
J. I. Mitchell and G. E. McCaskill, both of Miami for petitioner.
T. F West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.
Judge James W. Perkins, judge of the Seventh judicial circuit, by virtue of an order made by the Governor, convened and held a special term of the circuit court in and for the county of Dade in the Eleventh judicial circuit because of the continued illness of the judge presiding over the said Eleventh judicial circuit, at which special term the petitioner was tried, convicted, and sentenced to death for the crime of rape. The petitioner sued out here in this court a writ of habeas corpus, alleging that he is unlawfully detained in custody for two reasons, viz.: (1) Because Judge Perkins of the Seventh circuit was without jurisdiction to hold said special term in the Eleventh judicial circuit, and then and there try and sentence him upon such charge, because the order of the Governor assigning him to hold such special term specifically stated that such special term was for the purpose of trying petitioner for the crime of rape committed upon one 'Mrs. Parker,' whereas, the indictment upon which he was tried, convicted, and sentenced charged him with the crime of rape, not upon 'Mrs. Parker,' but upon one Mrs. Margaret Berry. (2) Because section 1814 of the General Statutes of 1906, under which the Governor acted in making the order assigning Judge Perkins to hold said special term, is unconstitutional in so far as it provides for the Governor to appoint and assign a judge of one judicial circuit to hold a special term in another...
To continue reading
Request your trial
-
State v. Butler
... ... accomplished. See Mugge v. Warnell Lumber & Veneer ... Co., 58 Fla. 318, 50 So. 645; Ex parte Cox, 44 Fla. 537, ... 33 So. 509, 61 L. R. A. 734; Jackson v. State, 33 ... Fla. 620, 15 So. 250. Every word of a state Constitution ... should ... in other circuits where the resident judge cannot act, and in ... trials de novo, etc. See Ex parte Henderson, 6 Fla. 279; Ex ... parte Daly, 66 Fla. 345, 63 So. 834; Atlantic Coast Line ... R. Co. v. Mallard, 53 Fla. 515, 43 So. 755; Thebaut ... v. [70 Fla. 136] Canova, 11 Fla ... ...
-
Wade v. State
...such causes specified. It is a term separate and distinct from the regular term, which ended by operation of law June 30th. Ex parte Daly, 66 Fla. 345, 63 So. 834; Kingsley v. Bagby, 2 Kan.App. 23, 41 P. 991; State v. Boucher, 8 N.D. 277, 78 N.W. 988; Peeples v. State, 46 Fla. 101, 35 So. 2......
-
State v. ANDERSON
...a circuit court to hold regular or special terms of the court in such circuit at such times as the Governor may direct. See Ex parte Daly, 66 Fla. 345, 63 So. 834;Seaboard Realty Co. v. Seaboard All-Florida Ry., 91 Fla. 670, 108 So. 675. '(2) The recital in the executive order of the reason......
-
Sedillo, State ex rel. v. Anderson
...a circuit court to hold regular or special terms of the court in such circuit at such times as the Governor may direct. See Ex parte Daly, 66 Fla. 345, 63 So. 834; [210 P.2d 631] Seaboard Realty Co. v. Seaboard All-Florida Ry., 91 Fla. 670, 108 So. 675. '(2) The recital in the executive ord......