Lovett v. State

Citations

• 29 Fla. 384

Syllabus

<p>1. The Supreme Court entered judgment, on writ of error, reversing a judgment of the Circuit Court in a capital case and issued its remittitur, which was filed in the latter court. Subsequently during the same term of the Supreme Court it was shown that the transcript upon which it had acted was on account of a mistake in making such transcript, an entire misrepresentation of the real record of the Circuit Court, as to the point upon which the judgment of reversal was based, and a motion was made in behalf of the State by the Attorney-General, who had relied on the transcript as truthful, and had not participated in the trial in the Circuit Court, to vacate the entry of the judgment of reversal, and restore the case to the docket of the Supreme Court: Held, That the Supreme Court had not lost jurisdiction of the cause, and its entry of judgment should be vacated, and the cause recalled and restored to its docket.</p> <p>2. The counsel of an appellant party is charged with the duty of bringing to the appellate court a correct transcript of the record of the inferior court, and no advantage can be gained from any action of the former court upon a false transcript, however ignorant the appellant party or his counsel may be of the real status of the record of the lower court, or of the incorrectness of the transcript, or however free from blame the clerk may have been as to the mistakes in the transcript.</p>