Tootle v. State

• Decision Date: 25 September 1929
• Parties: TOOTLE v. STATE.
• Court: Florida Supreme Court

123 So. 922

98 Fla. 469

TOOTLE v. STATE.

Florida Supreme Court, Division A.

September 25, 1929

Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.

Roy Tootle brings error. Writ quashed, and cause remanded.

COUNSEL

Zewadski & Pierce, of Tampa, for plaintiff in error.

Fred H. Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.

OPINION

PER CURIAM.

The transcript of the record in this case does not contain any judgment of conviction. What appears to have been considered as such a judgment is nothing more than the sentence of the court. There is no adjudication by the court of the guilt of the defendant of the crime for which the plaintiff in error was convicted by the jury in the trial court. There is therefore no such final judgment as will support a writ of error. See Maniscalco v. State, 123 So. 922, decided at the present time, and cases therein cited. The writ of error must therefore be quashed and the cause remanded. It is so ordered.

TERRELL, C.J., and ELLIS and BROWN, JJ., concur.