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Tootle v. State

Supreme Court of Florida, Division A
Sep 26, 1929
123 So. 922 (Fla. 1929)

Opinion

Opinion filed September 26, 1929.

A Writ of Error to the Criminal Court for Hillsborough County; W. Raleigh Petteway, Judge.

Writ of error quashed and cause remanded.

Zewadski Pierce, for Plaintiff in Error;

Fred H. Davis, Attorney General, and Roy Campbell, Assistant, for the State.


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, 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, J. J., concur.


Summaries of

Tootle v. State

Supreme Court of Florida, Division A
Sep 26, 1929
123 So. 922 (Fla. 1929)
Case details for

Tootle v. State

Case Details

Full title:ROY TOOTLE, Plaintiff in Error, v. STATE OF FLORIDA, Defendant in Error

Court:Supreme Court of Florida, Division A

Date published: Sep 26, 1929

Citations

123 So. 922 (Fla. 1929)
123 So. 922

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