Mathis v. State

Citations

• 67 Fla. 277
• 64 So. 944

Syllabus

<p>Criminal Law — Appellate Practice — Judgment and Sentence in Felony — Dismissal of Writ of Error.</p> <p>1. In criminal as well as in civil causes there must be a final judgment to support a writ of error from an appellate court.</p> <p>2. Where the only semblance of a final judgment and sentence in the record of a criminal case brought to the appellate court by writ of error where three defendants were jointly indicted for and convicted of a felony, is as follows: “Notice by defendants counsel of a motion for a new trial was given. On October 23rd, 1913, motion argued and sentenced to two years in States prison on eachHeld, to be wholly insufficient as a final judgment to support a writ of error. Held further that a correct formula of the.entry of judgment and sentence in the case should have been substantially as follows:</p> <p>“Now on this day came in person the defendants J. M. and A. O. H. and J. O. McD. with their counsel into open court, and each of them being separately asked by the court whether he or they had anything to say why sentence of the law should not now be pronounced upon him, say nothing. It is therefore the judgment, order and sentence of the co_urt that you J. M. and A. G. H. and J. G. McD. and each of you, for the crime of which you have been and stand convicted, be imprisoned in the State penitentiary of the State of Florida for a period of two years from the date of your delivery to the officers thereof.”</p>