Craft v. State

Citations

• 42 Fla. 610

Syllabus

<p>1. Where a person convicted of a felony and sentenced to a term of imprisonment in the state prison and to pay the costs of prosecution, but against whom no fine is adjudged, sues out a writ of error to review such judgment, and upon proof made as provided by section 2977, Revised Statutes, the trial court makes an order that plaintiff in error be relieved from payment of all costs in the cause, such writ of error operates as a supersedeas to the execution of the judgment, upon plaintiff in error remaining in the custody of the sheriff of the court passing the sentence.</p> <p>2. Where it is made to appear to the Supreme 'Court that a person convicted of a felony and sentenced to a term of imprisonment in the state prison is undergoing execution of such sentence, notwithstanding the pendency in said court of a writ of error to review such judgment, and the performance of all things necessary to cause said writ of error to operate as a superseadeas upon such person remaining in the custody of the sheriff of the court passing the sentence as provided by section 2977, Revised Statutes, the Supreme Court is authorized to require and will require the Commissioner of Agriculture and the contractor for State convicts having such person in custody to deliver him to the sheriff of the court passing the sentence, to be held in the custody of such sheriff during the pendency of the writ of error or until released as provided .by law.</p>