Maniscalco v. State
| Decision Date | 25 September 1929 |
| Citation | 98 Fla. 468,123 So. 922 |
| Parties | MANISCALCO v. STATE. |
| Court | Florida Supreme Court |
(Syllabus by the Court.)
So-called judgment, which contains no adjudication by court of guilt of defendant, does not constitute such a final judgment as will support a writ of error.
Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.
Bennie Maniscalco brings error. Writ quashed.
Zewadski & Pierce, of Tampa, for plaintiff in error.
Fred H. Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The alleged judgment to which this writ of error is addressed is nothing more than the sentence of the court. It contains no adjudication by the court of the guilt of the defendant. Johnson v. State, 81 Fla. 783, 89 So. 114, and cases cited; Timmons v. State (Fla.) 119 So. 393; Caughn v. State (Fla.) 122 So. 565. As indicated in the cases cited, a so-called judgment, which contains no adjudication by the court of the guilt of the defendant, does not constitute such a final judgment as will support a writ of error. The writ of error in this case therefore must be quashed.
Writ of error quashed.
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...146 So. 675 109 Fla. 54 ANDERSON v. CHAPMAN, Superintendent of State Prison. Florida Supreme CourtMarch 13, 1933 ... En ... Error ... to Circuit Court, Union County; A. Z. Adkins, Judge ... State, 80 Fla. 613, 86 So. 506; Timmons v ... State, 97 Fla. 23, 119 So. 393; Tootle v ... State, 98 Fla. 469, 123 So. 922; Maniscalco v ... State, 98 Fla. 468, 123 So. 922; Ex parte McDaniel, 86 ... Fla. 145, 97 So. 317; Mathis v. State, 67 Fla. 277, ... 64 So. 944; Burns v ... ...
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Scroggins v. State
...Fla. 783, 89 So. 114; Timmons v. State, 97 Fla. 23, 119 So. 393; Pittsburg Steel Co. v. Streety, 60 Fla. 183, 53 So. 505; Maniscalco v. State, 98 Fla. 468, 123 So. 922. If this second judgment and sentence had not been the result of the first with of error would have been a reversal for a p......
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