McDonald v. Smith

Citations

• 68 Fla. 77
• 66 So. 430

Syllabus

<p>1. A sentence of a court that is wholly unauthorized by law may be a nullity and as such may be collaterally assailed in habeas corpus proceedings.</p> <p>2. There being no express or implied authority in the Criminal Court of Record to Impose and enforce a sentence to “serve at hard labor on the county roads,” such a sentence is void.</p> <p>3. Where a judgment of a Criminal Court of Record is void, an affirmance of the judgment by the Circuit Court gives it no validity and it may be assailed in habeas corpus proceedings.</p>