Swilley v. State

Citations

• 76 Fla. 173
• 79 So. 715

Syllabus

<p>OEIMINAL LAW — INSOLVENCY — APPLICATION FOE ADJUDICATION OF.</p> <p>Where a writ of error is issued to review a judgment of conviction in a criminal case and the defendant makes the oath of insolvency in compliance with the Statute in such cases, and thereon applies to the Trial Judge for an order adjudging him to be insolvent and unable to pay the costs of his trial or of his writ of error, in order to supersede the execution, pending said writ of error, of his sentence to the penitentiary, and the Trial Judge withholds his order of adjudication of insolvency expressedly by reason of, and solely by reason of, the answer of the defendant to a query by the Judge, to the effect that “he thought he could get a friend to pay the costs for him,” the Trial Judge erred in withholding his order of adjudication of the defendant’s insolvency, solely by reason of the quoted answer of the defendant. The question in such inquiries is not whether the prisoners supposed friends have the ability or readiness or willingness to pay said- costs, but has the defendant himself personally the financial or property ability to pay them or secure their payment, or is he individually insolvent.</p>