State v. Bullock
| Decision Date | 29 June 1909 |
| Citation | 58 Fla. 534,50 So. 418 |
| Parties | STATE ex rel. NICHOLS v. BULLOCK, Judge. |
| Court | Florida Supreme Court |
Headnote Filed Oct. 11, 1909.
In Banc. Application by the State, on the relation of Alexander S. Nichols, for writ of prohibition against W. S. Bullock Judge. Writ granted.
Syllabus by the Court
Under the Florida Constitution (article 5, s 11) and laws circuit courts have only appellate jurisdiction in civil and criminal cases appealed from the courts of county judges, and in such cases circuit courts cannot exercise any original jurisdiction, such as permitting new or amended affidavits or charges to be there filed for the first time, or by trying the case anew before the judge or a jury, but in such cases the circuit courts act appellatively only, and review and pass upon the case as tried in the county judge's court upon the transcript of record brought up by the appeal, and simply reverse or affirm as error may or may not appear from such record. The appeal in such a case from the county judge's court to the circuit court operates simply as a common-law writ of error.
COUNSEL Davant & Davant, for relator.
E. W Davis, for respondent.
The relator, Alexander S. Nichols, was charged in the county judge's court of Hernando county by a very crude affidavit sworn to entirely upon unsworn hearsay and not upon any personal knowledge of the affiant with the misdemeanor of enticing away the laborers of another. Motion was made before the county judge to quash this affidavit for insufficiency vagueness, and indefiniteness, and because its charges were based entirely upon unsworn hearsay, and not upon any personal knowledge of the affiant making it. The county judge overruled this motion, and put the relator to trial upon which he was convicted of the charge and sentenced. Form this judgment of conviction he took his appeal to the circuit court of said county of Hernando. Upon such appeal the relator filed in the circuit court a complete certified transcript of the entire proceedings and judgment in the county judge's court, including his motion, to quash the affidavit containing the charge against him and the county judge's order denying such motion to quash, and the relator's exception to such ruling. When the case came on for hearing in the circuit court, the relator renewed his motion before the circuit judge to quash the affidavit upon which he was tried before the county judge. This motion the circuit judge granted, but permitted the state attorney to file a new affidavit then and there sworn to for the first time charging the same offense attempted to be charged before the county judge, but more fully, definitely, and effectually setting forth the offense, and upon this new affidavit made and filed for the first time in the circuit court the cause is now pending for trial in the circuit court. Upon this state of facts the relator has made his application here for the writ of prohibition against the respondent circuit judge, alleging that it is the intention of the said circuit judge to try him, the relator, de novo in the circuit court upon such new or amended affidavit there filed, and that he will so try him de novo upon such new or amended affidavit unless prohibited from so doing. The respondent circuit judge now moves to quash what he terms the alternative writ, meaning the rule issued here to show cause, if any, why the writ of prohibition should not be granted, upon the following grounds:
(1) Because it does not appear in and by the suggestion upon which said alternative writ was granted that the trial court was...
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State Ex Rel. Richardson v. Ferrell
...but such rights are fully protected in appeal in criminal cases from the county judge's court to the circuit court. See State v. Bullock, 58 Fla. 534, 50 So. 418; Benton v. State, 74 Fla. 30, 76 So. 341. It has been made to appear here that the interest of this petitioner will be affected b......
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State Ex Rel. Grodin v. Barns
... ... supervisory, a statute which attempts to give the circuit ... court whose jurisdiction is appellate the power to try an ... appealed case de novo is inoperative. See State v ... King, 20 Fla. 399; State ex rel. Nichols v ... Bullock, 58 Fla. 534, 50 So. 418; State ex rel ... Hopps v. Horne, 75 Fla. 149, 77 So. 672 ... Now the ... statute, chapter 15666, supra, by section 1, conforms to the ... constitutional purpose as to the circuit court's ... appellate jurisdiction by providing that such courts shall ... ...
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Bystrom v. Equitable Life Assur. Soc. of U.S., s. 80-26
...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 (1909).17 Bath Club, Inc. v. Dade County, 394 So.2d 110 (Fla.1981), gives no such presumption to the Board's valuation. The st......
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State v. Horne
... ... appeals in such cases from courts of justices of the peace, ... the purpose is without avail, because under the Constitution ... of this state the proceedings in such appeals are different ... in character and cannot be made the same by statute ... State ex rel. Nichols v. Bullock, 58 Fla. 534, 50 ... So. 418. We hold therefore that these sections, with ... reference to the [75 Fla. 152] return day, refer to appeals ... from justices of the peace courts which are tried de novo in ... the circuit court, and not to appeals from county judges' ... courts which are reviewed ... ...