Judges: ELLIS, J. —
Attorneys: Cary D. Landis, Attorney General, and H. E. Carter,
Assistant, for Plaintiff in Error;
H. A. Henderson and J. V. Walton, for Defendant in Error.
Filed: Jun. 09, 1934
Latest Update: Mar. 02, 2020
Summary: John Reffkin, under the name of J. W. Chase, was indicted by the Grand Jury of St. Johns County on January 10, 1930, as principal in the second degree to a fraud alleged to have been perpetrated by G. L. Robinson upon J. D. Sinclair. The proceeds from such fraud were alleged to amount to the sum of forty thousand dollars. The offense charged in the indictment is defined by Chapter 8466, Acts of 1821, now Sections 7308, 7309 and 7310, Compiled General Laws, 1927. On a trial of the charge made in
Summary: John Reffkin, under the name of J. W. Chase, was indicted by the Grand Jury of St. Johns County on January 10, 1930, as principal in the second degree to a fraud alleged to have been perpetrated by G. L. Robinson upon J. D. Sinclair. The proceeds from such fraud were alleged to amount to the sum of forty thousand dollars. The offense charged in the indictment is defined by Chapter 8466, Acts of 1821, now Sections 7308, 7309 and 7310, Compiled General Laws, 1927. On a trial of the charge made in t..
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I concur in the foregoing able opinion, except as to the last few paragraphs and the order made. Section 5444, C. G. L., under which the State sued out the writ of error above referred to, provide that "no such writ of error shall operate as a supersedeas in any criminal case to an order or judgment discharging
persons from custody. I think the conclusion here reached and the order made amounts to the granting of a supersedeas, and conflicts with the language as well as the policy of the statute referred to.
