Jones v. King
| Decision Date | 09 June 1939 |
| Citation | 189 So. 687,138 Fla. 564 |
| Parties | JONES v. KING, Sheriff. |
| Court | Florida Supreme Court |
Error to Circuit Court, Lee County; George W. Whitehurst, Judge.
Habeas corpus proceeding by R. Percy Jones against Bob King, as sheriff of Lee county, Fla. Judgment for defendant, and plaintiff brings error.
Affirmed but case remanded for proper sentence.
COUNSEL W. D. Bell, of Arcadia, for plaintiff in error.
George Couper Gibbs, Atty. Gen., John L. Granham, Asst. Atty. Gen and J. C. Adkins, of Gainesville, for defendant in error.
The record in this case shows that on November 15, 1934, the Circuit Court of Lee County, Florida, was engaged in hearing the case of State of Florida v. William Lee and Tom P Downing then on trial under an indictment or information charging an assault with intent to commit murder. The defendant William Lee had entered a plea of guilty, and a jury was empanelled and sworn to try Tom P. Downing, who was represented at the trial by attorney R. Percy Jones, who is plaintiff in error in the case at bar. The case is a contempt proceeding in habeas corpus and comes here for the second time, and it is reported first in 120 Fla. 87, 162 So. 353.
The rule nisi on November 17, 1934, was issued by the Honorable George W. Whitehurst, Circuit Judge of Lee County, Florida, directing and commanding R. Percy Jones to appear and show cause why he should not be adjudged in contempt of the Circuit Court of Lee County, Florida. The rule nisi served on the respondent recited that during the pendency of the case of State of Florida v. William Lee and Tom P. Downing, on November 15, 1934, Frank Givens a witness for the defendant, testified, among other things as follows: A copy of the testimony given by the witness Frank Givens, at the trial of the criminal case, supra, likewise was served on the respondent.
When the case was remanded to the lower court, the Honorable George W. Whitehurst entered an order of disqualification and the cause was then heard by the Honorable W. T. Harrison, who heard additional testimony to the original testimony taken at the first hearing, and, after reviewing all the testimony and hearing argument of counsel for the State and the respondent, made and entered an order on January 12, 1937, adjudging the respondent guilty of contempt and remanded him to the custody of the Sheriff of Lee County, Florida, to serve the unserved portion of his said sentence.
From the judgment and sentence of a period in the County Jail of Lee County, Florida, a writ of habeas corpus issued and was served on the Sheriff of said County, who made a return to the effect that he was detaining the petitioner because of a commitment based on a judgment of conviction for contempt. It is contended here that the judgment is not supported by the weight of the testimony adduced by the respective parties, or the law applicable to the case.
The testimony shows that Frank Givens was subpoenaed as a defense witness in the case then pending before the Court. The respondent, Frank Givens, and Tom P. Downing left the court room, at a recess period, and went to a toilet in the court house, and when there it is contended that the respondent gave $25 to Downing, and Downing, in turn, gave the money to the proposed witness Frank Givens. They returned to the court room and Givens was placed upon the witness stand and a few preliminary questions propounded to him by the respondent, R. Percy Jones, when the witness Givens took from his pocket one $20 and one $5 bill and placed them on the dias...
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