Gilbert v. State
| Decision Date | 21 October 1941 |
| Parties | GILBERT v. STATE. |
| Court | Florida Supreme Court |
Appeal from Criminal Court of Record, Dade County; Ben C. Willard, judge.
J. F. Gordon and Burnett Roth, both of Miami, for appellants.
Robert R. Taylor and Thos. H. Anderson, both of Miami, for appellee.
Appeal brings for review judgments of conviction of the offense of unlawfully living in an open state of adultery.
The sole challenge is to the sufficiency of the evidence to sustain the judgment.
The record discloses no motion for new trial. Therefore, review of error predicated on insufficiency of evidence is not available. See Schmids v. Tampa Pub. Co., 72 Fla. 571, 73 So. 593; St. Andrews Bay Lbr. Co. v. Bernard, 106 Fla. 232, 143 So. 159; Davis v. State, 47 Fla. 26, 36 So. 170; Florida Power Co. v. Cason, 79 Fla. 619, 84 So. 921; Osceola Fertilizer Co. v. Beville, 86 Fla. 479, 98 So. 354, 356, citing Greenblatt v. Bissell Dry Goods Co., 85 Fla. 83, 95 So. 302 Johnson v. State, 53 Fla. 42, 43 So. 430; Thomas Bros. Co. v. Price & Watson, 56 Fla. 854, 48 So. 262.
No reversible error appearing from the record, the judgments are affirmed.
So ordered.
Affirmed.
To continue reading
Request your trial
-
Hogwood v. State
...So. 535 (1909); Baxley v. State, 72 Fla. 228, 72 So. 677 (1916); Thornton v. State, 143 Fla. 443, 196 So. 842 (1940); Gilbert v. State, 148 Fla. 293, 4 So.2d 330 (1941). I know of no reason for this court to rule in conflict with those decisions. This is not a case where the record reveals ......
-
Winn & Lovett Grocery Co. v. Luke
... ... must appear from its record, and in the absence of such ... record the appellate court can neither affirm nor reverse. In ... Ellis v. State, 100 Fla. 27, 129 So. 106, 69 A.L.R ... 783, it was held that until a judgment is entered of record, ... there is no competent evidence of its ... 96; Osceola Fertilizer Co. v. Beville, 86 Fla ... 479, 98 So. 354; St. Andrews Bay Lumber Co. v ... Bernard, 106 Fla. 232, 143 So. 159; Gilbert v ... State, 148 Fla. 293, 4 So.2d 330, and cases cited. Entry ... of judgment is not equivalent to an order overruling motion ... for new trial ... ...
-
Farrior v. State
...sought to be presented, which is predicated upon alleged insufficiency of the evidence to sustain the verdict. See Gilbert v. State, 148 Fla. 293, 4 So.2d 330, where no motion for new trial was disclosed by the record, and cases therein Appellant, on the above issue, takes the position that......
- United States Fidelity & Guaranty Co. v. Marshall