Judges: PER CURIAM. —
Attorneys: Harrison E. Barringer, J. Irvin Walden and C. L. McKaig, for Petitioner;
Cary D. Landis, Attorney General, Roy Campbell, Assistant, for Respondent.
Filed: Dec. 26, 1934
Latest Update: Mar. 02, 2020
Summary: Martin F. Jarvis was convicted of the murder in the first degree of Lacy Bell Dyel and sentenced to suffer the penalty of death in Sarasota County, Florida. There was no recommendation to mercy by the jury. To the judgment of conviction and sentence Jarvis took writ of error and the judgment was affirmed by this Court. See Jarvis v. State, 115 Fla. 320 , 136 South. Rep. 310 . By reference to the published opinion in that case the details of the horrid tragedy may be read. Lacy Bell Dyel *Page 57
Summary: Martin F. Jarvis was convicted of the murder in the first degree of Lacy Bell Dyel and sentenced to suffer the penalty of death in Sarasota County, Florida. There was no recommendation to mercy by the jury. To the judgment of conviction and sentence Jarvis took writ of error and the judgment was affirmed by this Court. See Jarvis v. State, 115 Fla. 320 , 136 South. Rep. 310 . By reference to the published opinion in that case the details of the horrid tragedy may be read. Lacy Bell Dyel *Page 579..
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In this case a reference to the testimony of the accused, Martin F. Jarvis, given by him as a witness at his trial, as shown by the transcript on the original appeal, of which we take judicial notice upon the application for leave to file in the court below a petition for writ of error coram nobis,
negatives the basis upon which the petition for writ of errorcoram nobis is now made to rest, in that it shows that accused interposed a plea of self-defense and deliberately admitted on the witness stand that he consciously shot his two female victims, one in the back as she stooped over, after which he carefully planned his escape and did escape after rearming himself with another weapon, whereas in his present application for leave to present a petition for writ of error coram nobis,
petitioner claims he was too drunk at the time of the homicides to entertain a premeditated design to kill the woman for whose murder he has been convicted and sentenced to death and the conviction heretofore affirmed in Jarvis v. State, 115 Fla. 321,156 Sou. Rep. 310.
Leave to apply for writ of error coram nobis denied.
WHITFIELD, C. J., and ELLIS, TERRELL, BROWN, BUFORD and DAVIS, J. J., concur.
