Owen v. State

Citations

• 58 Fla. 84

Syllabus

<p>1. Writs of error are issued as of right upon demand, and when taken in criminal cases, may under the rules of the court be voluntarily dismissed' for the purpose of facilitating the administration of justice, but they may not be dismissed when the apparent purpose is to delay a review of the case and thereby violate the mandate of the constitution that “right and justice shall be administered without * * * delay.”</p> <p>2. Where a transcript of the record proper in a criminal case has been brought to this court on writ of error, taken by a convicted defendant, and it is made to appear that no bill of exceptions was made up and authenticated in the cause, and that the process of the court will be used to in effect violate the mandate of the constitution that “right and justice shall be administered without * * * delay,” an application by the plaintiff in error to dismiss the writ of error will be denied; and upon a motion of the Attorney General acting for the State, for an affirmance of the judgment, if on a careful consideration of the transcript of the record proper brought here in response to the writ of error no errors appear in the record of the indictment, arraignment, trial and conviction of the accused, the judgment will be affirmed.</p>