Mathis v. State

• Decision Date: 27 March 1914
• Citation: 64 So. 944,67 Fla. 277
• Parties: MATHIS et al. v. STATE.
• Court: Florida Supreme Court

64 So. 944

67 Fla. 277

MATHIS et al. v. STATE.

Florida Supreme Court

March 27, 1914

Error to Criminal Court of Record, Hillsborough County; Lee J Gibson, Judge.

John Mathis and others were convicted of crime, and bring error. Writ of error dismissed.

Syllabus by the Court

SYLLABUS

In criminal as well as in civil causes there must be a final judgment to support a writ of error from an appellate court.

Where the only semblance of a final judgment and sentence in the record of a criminal case, brought to the appellate court by writ of error, where three defendants were jointly indicted for and convicted of a felony, is as follows: 'Notice by defendants' counsel of a motion for a new trial was given. On October 23, 1913, motion argued and sentenced to two years in state's prison on each'--held, to be wholly insufficient as a final judgment to support a writ of error. Held, further, that a correct formula of the entry of judgment and sentence in the case should have been substantially as follows:

'Now on this day came in person the defendants J. M. and A. C H. and J. C. McD. with their counsel into open court, and each of them, being separately asked by the court whether he or they had anything to say why sentence of the law should not now be pronounced upon him, say nothing. It is therefore the judgment, order, and sentence of the court that you, J. M. and A. C. H. and J. C. McD., and each of you, for the crime of which you have been and stand convicted, be imprisoned in the state penitentiary of the state of Florida for a period of two years from the date of your delivery to the officers thereof.'

COUNSEL Dozier A. De Vane, of Tampa, for plaintiffs in error.

T. F. West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.

OPINION

TAYLOR J.

In this cause brought here for review by writ of error, the court finds from the court minutes in the transcript of record the following: 'The said jury retried and later returned their verdict as follows: 'We the jury find the defendants, John Mathis, A. C. Harrison and J. C. McDonald, guilty as charged in the information, so say we all. J. B. Myers, Foreman.”

'Notice by defendants' counsel of a motion for a new trial was given. On October 23, 1913, motion argued and sentenced to two years in state's prison on each.'

This is the only semblance of a final judgment and sentence in the record brought here for review. We have no...