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Lynes v. State

911 So. 2d 1248 (Fla. Dist. Ct. App. 2005)
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Lynes v. State

2 Citing cases

  1. People v. Jordan

    65 Cal. 644 (Cal. 1884)   Cited 31 times
    In People v. Jordan, 65 Cal. 644 [4 P. 683], decided after sections 1007 and 1238 of the Penal Code were adopted, it was held that an appeal would lie from an order sustaining a demurrer to an indictment.

    The legislature of Alabama having omitted to prescribe the regulations by which the ordinary constitutional power of the Supreme Court of that State, over subordinate jurisdiction, was to be exercised in criminal cases, the Supreme Court held that in bringing such cases before it for revision it might resort to such writs as were known to the common law. ( Lynes v. The State, 5 Port. 236.)          We are fully satisfied that we are empowered to make applicable to misdemeanors, prosecuted by indictment or information, the provisions of the Penal Code with reference to appeals in criminal actions amounting to felonies.

  2. Ex parte Thistleton

    52 Cal. 220 (Cal. 1877)   Cited 3 times
    In Ex parte Thistleton, 52 Cal. 220, the Supreme Court held that the omission of the legislature to provide the machinery for the taking of appeals from the city criminal court of San Francisco to the county court was not fatal to the act creating the former court, but that the appellate jurisdiction of the county court might be exercised by means of writ of error, or -- under the statute authorizing it to issue all writs necessary to the exercise of its powers -- by means of an appropriate writ framed for the purpose.

    The Constitution of Alabama gave to the Supreme Court of that State appellate jurisdiction in criminal cases, with power to issue such remedial writs as might be necessary to the employment of such jurisdiction. It was held in Lynes v. The State , 5 Ala. 236--the Legislature having neglected to prescribe regulations by which the constitutional jurisdiction was to be exercised--that the record and judgment in a criminal case could be moved from the inferior Court by writ of error . The writ of error, under our law, is a writ ex debito justitice, wherever, by reason of error, a judgment of a Court of Record ought not to stand, and an appeal is not provided by statute.