Smith v. State, (1934)
Court: Supreme Court of Florida
Number:
Visitors: 1
Judges: BUFORD, J. —
Attorneys: H. N. Roth and J. F. Burrow, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Nov. 12, 1934
Latest Update: Mar. 02, 2020
Summary: Writ of error is to review a judgment of conviction of murder in the first degree without recommendation as to mercy. Plaintiff in error presents two questions in a general way. The first challenges the action of the trial court in overruling his motion for new trial. There was no error in that ruling. The motion is on general grounds and no error is pointed out in support of any ground of the motion. The second question challenges the action of the trial court in not allowing him to amend his m
Summary: Writ of error is to review a judgment of conviction of murder in the first degree without recommendation as to mercy. Plaintiff in error presents two questions in a general way. The first challenges the action of the trial court in overruling his motion for new trial. There was no error in that ruling. The motion is on general grounds and no error is pointed out in support of any ground of the motion. The second question challenges the action of the trial court in not allowing him to amend his mo..
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I think the judgment should be reversed for consideration of the amendment to the motion for a new trial on its merits. This has never been done in this case because the trial judge refused to permit the amendment to be filed on the theory that he was without authority to do so, not on the theory that the amendment was without merit. See Kirkland v. State, 70 Fla. 585
for authority to permit such amendments.
BROWN, J., concurs.
Source: CourtListener
