Albritton v. State

Citations

• 54 Fla. 6

Syllabus

<p>1. Special Rule 6 of the Supreme Court Rules provides that in all writs of error brought to the supreme court in criminal and habeas corpus cases, the bills of exceptions and transcripts of the record may be made up, settled and certified, either in accordance with Special Rules i, 2 and 3 of the rules adopted March 2nd, 1905, or in compliance with the provisions of Rule 103 for the government of the circuit courts in common law actions, adopted in 1873. One or the other of these two methods or modes of making up and authenticating bills of exceptions and transcripts of records may be adopted and pursued by parties or their counsel in bringing such causes to this court, but the two methods should not be confused or blended.</p> <p>2. It must be presumed that the judgment of a circuit court is supported by evidence adduced at the trial, and where a judgment is assailed on the ground that the verdict upon which the judgment was rendered is not sustained by the evidence, the entire evidence must be brought to the appellate court in the manner prescribed by law and the rules of court. Otherwise errors assigned on the insufficiency of the evidence to sustain the verdict will not be considered by the appellate court.</p> <p>3. Where the bill of exceptions and transcript of the record in a criminal cause brought to the supreme court on writ of error are made up and authenticated in partial compliance with Special Rules 1, 2 and 3 of the Supreme Court Rules adopted March 2nd, 1905, and the provision of Special Rule 3 that “If all the evidence is contained in the bill of exceptions there shall be inserted just above the signature of the judge the following certificate: ‘I do hereby certify that the foregoing bill of exceptions contains all the evidence introduced at the trial in the above stated cause,’ ” has not been in any way complied with, assignments of error based on the insufficiency of the evidence to support the verdict are not properly presented for consideratio