Villaneuva v. State, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: TERRELL, J.
Attorneys: Van C. Swearingen and Irving J.A. Renno, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant Attorney General, for the State.
Filed: Apr. 19, 1937
Latest Update: Mar. 02, 2020
Summary: Plaintiffs in error were informed against in the Criminal Court of Record for Dade County for breaking and entering with intent to commit a felony, to-wit: Grand larceny. The information was drawn under Section 7216, Compiled General Laws of 1927. The trial resulted in a verdict of guilty as to both defendants with recommendation to mercy as to the defendant, Villaneuva, who was sentenced to eight years at hard labor in the state penitentiary. The defendant, Fajardo, was sentenced to ten years i
Summary: Plaintiffs in error were informed against in the Criminal Court of Record for Dade County for breaking and entering with intent to commit a felony, to-wit: Grand larceny. The information was drawn under Section 7216, Compiled General Laws of 1927. The trial resulted in a verdict of guilty as to both defendants with recommendation to mercy as to the defendant, Villaneuva, who was sentenced to eight years at hard labor in the state penitentiary. The defendant, Fajardo, was sentenced to ten years in..
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I do not think it would be reversible error for a trial judge to fail to file a sworn statement that "to the best of his knowledge and belief the ground or grounds contained in the suggestion of disqualification do not exist," where the ground or grounds stated in the suggestion show on their face that they do not show any legal cause for the judge to declare himself to be disqualified. Here the judge admitted his relationship to Mr. and Mrs. McGahey as charged, but held that this did not disqualify him because they were not parties to the action nor interested in the result thereof. In this legal conclusion I concur with Mr. Justice Terrell that he was in error, and that the judgment must be reversed.
Source: CourtListener
