Walden v. State
| Decision Date | 26 July 1905 |
| Citation | 50 Fla. 151,39 So. 151 |
| Parties | WALDEN v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Orange County; Cecil G. Butt Judge.
Application by Samuel Walden for writ of habeas corpus. From an order denying the writ, he brings error. Dismissed.
Syllabus by the Court
The term 'felony,' whenever it occurs in the Constitution or laws of this state, means any criminal offense punishable with death or imprisonment in the state penitentiary.
Whenever punishment by imprisonment is prescribed by law, and the imprisonment is not expressly directed to be in the state prison or penitentiary, it means imprisonment in the county jail.
This court has not appellate jurisdiction in cases of conviction of misdemeanor in the criminal courts of record.
Where the record shows a want of appellate jurisdiction in this court, the writ of error will be dismissed sua sponte.
COUNSEL Jones & Jones, for plaintiff in error.
W. H Ellis, Atty. Gen., for the State.
In the criminal court of record in and for Orange county, on the 16th day of May, 1904, the county solicitor filed an information charging 'that Samuel Walden, late of the county of Orange aforesaid, in the county and state aforesaid, laborer, on the 1st day of October, in the year of our Lord one thousand nine hundred and three, with force and arms, at and in the county of Orange, state of Florida aforesaid, did * * * have carnal intercourse with one Theola Love, an unmarried female under the age of sixteen years contrary to the form of the statute,' etc. Thereupon the defendant by his attorneys moved the court to quash the said information on several grounds set forth in the motion. This motion was denied, the defendant entered a plea of not guilty, and then followed a trial by a jury and a verdict of guilty as charged in the information.
After overruling motions for new trial and in arrest of judgment, the court sentenced the defendant to be confined by imprisonment in the state penitentiary at hard labor for the term of two years. From this sentence and judgment the defendant sued out a writ of error to this court and files many assignments of error. We cannot consider these assignments of error, for this court is without jurisdiction to decide them.
Section 5 of article 5 of the Constitution of Florida of 1885 is as follows: 'The Supreme Court shall have appellate jurisdiction in all cases at law and in equity originating in circuit courts, and of appeals from the circuit courts in cases arising before judges of the county courts in matters pertaining to their probate jurisdiction and in the management of the estates of infants, and in cases of conviction of felony in the criminal courts, and in all criminal causes originating in the circuit courts.'
Section 25 of article 16 of our Constitution defines 'felonies' as follows: 'The term 'felony,' whenever it may occur in this Constitution or in the laws of the state, shall be construed to mean any...
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State v. Di Paglia
...word 'imprisonment' means imprisonment in the county jail or local prison unless expressed to be in the penitentiary.' In Walden v. State, 50 Fla. 151, 39 So. 151, defendant was convicted of carnal knowledge of an unmarried female under eighteen. The penalty provided was imprisonment not mo......
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Chapman v. Lake
...in the county jail as for a misdemeanor; and therefore section 7103 (5004) does not apply nor is it controlling as it was in Walden v. State, supra. We think there is no repugnancy between 7103 (5004), 7105 (5006), and 7251 (5150), Compiled General Laws, as the two former sections announce ......
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