Kimmons v. State, 34781

Decision Date21 September 1966
Docket NumberNo. 34781,34781
PartiesWinifred Huey KIMMONS, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to District Court of Appeal, First District.

Robert R. Hendry, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for petitioner.

Earl Faircloth, Atty.Gen., and George R. Georgieff, Asst.Atty.Gen., for respondent.

PER CURIAM.

By petition for a writ of certiorari we are requested to review a decision of the District Court of Appeal, 178 So.2d 608, which allegedly conflicts with prior decisions of this court.

Our initial examination of the petition and record suggested a possible jurisdictional conflict. We issued the writ and have heard arguments on both jurisdiction and merits.

After a thorough consideration of the petition and record we are now led to conclude that no jurisdictional conflict of decisions is present. Finding, therefore, that the writ was improvidently issued, it is hereby discharged.

It is so ordered.

THORNAL, C.J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.

To continue reading

Request your trial
2 cases
  • Viera v. State
    • United States
    • Florida District Court of Appeals
    • July 1, 1986
    ...390 U.S. 944, 88 S.Ct. 1023, 19 L.Ed.2d 1132 (1968); Kimmons v. State, 178 So.2d 608, 615 (Fla. 1st DCA 1965), cert. discharged, 190 So.2d 308 (Fla.1966), cert. denied, 387 U.S. 934, 87 S.Ct. 2057, 18 L.Ed.2d 996 (1967); see generally Lee v. State, 456 So.2d 1211 (Fla.3d DCA The defendant V......
  • Ivory v. State
    • United States
    • Florida Supreme Court
    • July 14, 1977
    ...(Fla.1974). The First District Court of Appeal is contra. See Kimmons v. State, 178 So.2d 608 (Fla. 1st DCA 1965), cert. discharged, 190 So.2d 308 (Fla.1966), cert. den., 387 U.S. 934, 87 S.Ct. 2057, 18 L.Ed.2d 996 (1967), holding that the sending of a written instruction to the jury, in th......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT