Oliver v. State
| Decision Date | 23 July 1907 |
| Citation | 44 So. 712,54 Fla. 93 |
| Parties | OLIVER v. STATE. |
| Court | Florida Supreme Court |
Rehearing Denied Oct. 9, 1907.
Error to Circuit Court, Duval County; Rhydon M. Call, Judge.
Marion Oliver was convicted of bastardy, and he brings error. Affirmed.
Syllabus by the Court
Facts asserted in a motion for new trial are not self-substantiative before an appellate court, but must be authenticated otherwise in the transcript of record.
Assignments of error before an appellate court must be predicated upon matter contained in the transcript of record, and cannot be considered when they have no basis in such record.
COUNSEL Walter M. Davis, for plaintiff in error.
W. H Ellis, Atty. Gen., and C. B. Peeler, for the State.
The plaintiff in error was arrested upon a warrant in bastardy proceedings issued by the justice of the peace, in and for the Eleventh justice's district of Duval county, on the complaint of one E. E., a single woman, who made oath before such justice that she was a single woman and was delivered of a child who by law would be deemed and held a bastard, and that the plaintiff in error is the father of said child. Upon such proceedings and the issues joined thereon in the circuit court of Duval county, the plaintiff in error was tried before a jury, who returned a verdict of 'guilty,' upon which the circuit judge entered a judgment against the defendant in favor of the state of Florida for the use and benefit of the said E. E. for the support and maintenance of such bastard child in the aggregate sum of $500, payable in annual installments of $50 per year for 10 years. The defendant brings this judgment here for review by writ of error.
Among others, the defendant moved for a new trial, upon the ground 'That the testimony herein shows that the bastard child was born and the mother thereof conceived such child in a justice's district of Duval county, Fla., other than the justice's district in which said complaint originated and it appears that the justice of the peace issuing said warrant was without jurisdiction.' The motion for new trial was denied, and this ruling is assigned as error.
The only contention here is that the judgment of the circuit court is erroneous, null, and void because the justice of the peace who issued the warrant for the initial arrest of the defendant was without jurisdiction to issue same, for the reason that the mother of the bastard child in question did not conceive such child nor was delivered thereof within the district of the justice who issued such warrant, and that consequently the circuit court that tried said cause was also without jurisdiction to entertain or adjudicate the same.
Even if this contention was a correct construction of our bastardy statu...
To continue reading
Request your trial
-
Britt v. State
...The court's order, however, shows the averments of fact to have been unsupported. See Gray v. State, 42 Fla. 174, 28 So. 53; Oliver v. State, 54 Fla. 93, 44 So. 712; Barnhill v. State, 56 Fla. 16, 48 So. Lindsay v. State, 69 Fla. 641, 68 So. 932. The motion for a new trial contains 24 groun......
-
Gaines v. State
... ... used, nor that any objection was raised by counsel during the ... argument. The point therefore is not presented. Recitals in a ... motion are not evidence of the facts related therein as ... ground for the motion. See Davis v. State, 35 Fla ... 614, 17 So. 565; Oliver v. State, 54 Fla. 93, 44 So ... 712; Haynes v. State, 71 Fla. 585, 72 So. 180 ... No ... error appears by the record to have been made, so the ... judgment is affirmed ... TERRELL, ... C.J., and BROWN, J., concur ... WHITFIELD, ... P.J., and STRUM and BUFORD, ... ...
-
Clark v. State
...trial, that such a charge was requested, and the motion is not self-supporting. White v. State, 26 Fla. 602, 607, 7 So. 857; Oliver v. State, 54 Fla. 93, 44 So. 712. Where requested charge is refused, it must be set out in the bill of exceptions with the refusal to give it and the exception......
-
Barnhill v. State
... ... made a ground of the motion for a new trial, it is not ... sustained by affidavit or otherwise. A fact asserted in a ... motion for new trial is not self-substantiative before this ... court, but it must be authenticated otherwise in the ... transcript of record. Oliver v. State, 54 Fla. 93, ... 44 So. 712; Horne v. Carter, 20 Fla. 45. Therefore ... this assignment fails ... The ... fourth, fifth, and sixth assignments of error are based upon ... the refusal of the court to give the following instructions ... requested by the defendant: ... ...