Brown v. State

Citations

• 29 Fla. 494

Syllabus

<p>The Supreme Court, acting upon a true transcript of the record of an inferior court, and in the regular course of appellate procedure, reversed the judgment of the inferior court on the ground that the record of the latter court did not show that the petit jury was sworn, or that the prisoner was personally present when sentence was pronounced upon him for a felony. After the remittitur of the Supreme Court was issued and filed in the inferior court, the latter court amended its record nunc pro tunc, so as to make it show that the jury had been sworn and the prisoner was personally present when sentenced: Held, On motion made by the State at the same term of the Supreme Court, that it lost jurisdiction of the writ of error, and could not vacate the entry of its judgment and restore the case to its docket.</p>