State Ex Rel. Baggs v. Frederick

CourtUnited States State Supreme Court of Florida
Writing for the CourtDAVIS, Justice.
Citation168 So. 252,124 Fla. 290
Decision Date14 May 1936
PartiesSTATE ex rel. BAGGS v. FREDERICK.

168 So. 252

124 Fla. 290

STATE ex rel. BAGGS
v.
FREDERICK.

Florida Supreme Court

May 14, 1936


En Banc.

Mandamus proceeding by the State, on the relation of James Baggs, against H. B. Frederick, as judge of the circuit court, Seventh judicial circuit, Volusia county, Fla.

Peremptory writ of mandamus awarded.

COUNSEL [124 Fla. 290] M. S. McGregor, of De Land, for relator.

Murray Sams, of De Land, for respondent.

OPINION

DAVIS, Justice.

Section 22 of article 5 of the Constitution of Florida provides:

'Appeal from Justices of the Peace Courts in criminal cases may be tried de novo under such regulations as the Legislature may prescribe.'

By statute (section 8471, C.G.L., section 6157, R.G.S., to section 8474, C.G.L., section 6160, R.G.S., inclusive), the Legislature has invoked the method of appeal provided for by the Constitution and has provided in section 8474, C.G.L., supra, that the circuit court 'shall' proceed to try all criminal cases on appeal from justice of the peace courts de novo as though the proceedings had been originally begun in the circuit court.

The controversy now before this court involves the right of relator, who was hailed before a justice of the peace court and there entered a plea of guilty of assault and battery, to prosecute an appeal from a four months' jail sentence imposed upon him consequent upon his conviction pursuant to his plea of guilty.

The right to appeal and demand a trial de novo in the circuit court from a justice of the peace court conviction in this state is entirely regulated by statute. The statute imposes no limitation on the right to appeal such as to confine the right to those only who have pleaded not guilty [168 So. 253] in the justice court and been convicted by it after trial and we perceive no good reason for reading into the statutory right of appeal a limitation on its enjoyment not found in its language.

Justice of the peace courts in Florida are not courts of record. On the contrary, they proceed with the utmost informality. For the latter reason, no doubt, the Constitution itself recognizes that appellate proceedings from such courts are best made to serve the purpose of justice through, [124 Fla. 292] according to the accused, an unconditional trial de novo in the circuit court, under proper forms of accusation and before a judge and jury of the highest degree of capability.

An appeal will not lie until a judgment of conviction is duly...

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20 practice notes
  • Schmidt v. Crusoe, No. SC00-2512.
    • United States
    • United States State Supreme Court of Florida
    • May 1, 2003
    ...State ex rel. Goethe v. Parks, 131 Fla. 741, 179 So. 780 (1938) (reinstating circuit court action); State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936) (reinstating appeal); State ex rel. Hillman v. Hutchins, 118 Fla. 220, 158 So. 716 (1935) (reviewing dismissal of landlord-t......
  • State v. Mull, No. A--94
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1959
    ...'without strict observance of the rules of both procedural and substantive law.' Similarly in State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252, 253 (Sup.Ct.1936), the court, in upholding an appeal from a conviction on the plea of guilt before a justice of the peace, acknowledged ......
  • Bystrom v. Equitable Life Assur. Soc. of U.S., Nos. 80-26
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1982
    ...a review or hear an appeal de novo, rules of ordinary appellate proceedings do not apply. Compare State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936), with State ex rel. Nichols v. Bullock, 58 Fla. 534, 50 So. 418 17 Bath Club, Inc. v. Dade County, 394 So.2d 110 (Fla.1981), g......
  • Benson v. State, No. 33508
    • United States
    • Supreme Court of Nebraska
    • February 12, 1954
    ...also, Wright v. City of Bessemer, 209 Ala. 374, 96 So. 316; Burris v. Davis, 46 Ariz. 127, 46 P.2d 1084; State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252; State v. Dawn, 41 Idaho 199, 239 P. 279; Yager v. State, 190 Ind. 550, 131 N.E. 42; Thomas v. Montcalm Circuit Judge, 228 Mic......
  • Request a trial to view additional results
20 cases
  • Schmidt v. Crusoe, No. SC00-2512.
    • United States
    • United States State Supreme Court of Florida
    • May 1, 2003
    ...State ex rel. Goethe v. Parks, 131 Fla. 741, 179 So. 780 (1938) (reinstating circuit court action); State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936) (reinstating appeal); State ex rel. Hillman v. Hutchins, 118 Fla. 220, 158 So. 716 (1935) (reviewing dismissal of landlord-t......
  • State v. Mull, No. A--94
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1959
    ...'without strict observance of the rules of both procedural and substantive law.' Similarly in State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252, 253 (Sup.Ct.1936), the court, in upholding an appeal from a conviction on the plea of guilt before a justice of the peace, acknowledged ......
  • Bystrom v. Equitable Life Assur. Soc. of U.S., Nos. 80-26
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1982
    ...a review or hear an appeal de novo, rules of ordinary appellate proceedings do not apply. Compare State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936), with State ex rel. Nichols v. Bullock, 58 Fla. 534, 50 So. 418 17 Bath Club, Inc. v. Dade County, 394 So.2d 110 (Fla.1981), g......
  • Benson v. State, No. 33508
    • United States
    • Supreme Court of Nebraska
    • February 12, 1954
    ...also, Wright v. City of Bessemer, 209 Ala. 374, 96 So. 316; Burris v. Davis, 46 Ariz. 127, 46 P.2d 1084; State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252; State v. Dawn, 41 Idaho 199, 239 P. 279; Yager v. State, 190 Ind. 550, 131 N.E. 42; Thomas v. Montcalm Circuit Judge, 228 Mic......
  • Request a trial to view additional results

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