Lane v. State, (1944)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: PER CURIAM:
Attorneys: Bradford G. Williams, for appellants.
J. Tom Watson, Attorney General, John C. Wynn, Assistant Attorney General, and O.C. Parker, State Attorney, for appellee.
Filed: Sep. 28, 1944
Latest Update: Mar. 02, 2020
Summary: This cause is before us on motion of the State to dismiss the appeal upon the ground that same was interposed only for delay and the transcript of the record discloses nothing which does or could constitue a legal ground for appeal and review of the judgment of the Circuit Court in this regard. The record is before us showing that the three defendants were indicted for the crime of rape alleged to have been committed by them on a woman in Gadsden County, Florida; that a special term of the circu
Summary: This cause is before us on motion of the State to dismiss the appeal upon the ground that same was interposed only for delay and the transcript of the record discloses nothing which does or could constitue a legal ground for appeal and review of the judgment of the Circuit Court in this regard. The record is before us showing that the three defendants were indicted for the crime of rape alleged to have been committed by them on a woman in Gadsden County, Florida; that a special term of the circui..
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The above named petitioners having this day applied to this Court for an order allowing the petitioners to apply to the Circuit Court of Alachua County for a writ of error coram nobis challenging the validity of the judgment of conviction of the crime of rape;
The said petition being considered we find that the conviction of each of the defendants stands as the judgment of the Circuit Court of Alachua County and has neither been affirmed or reversed by the Supreme Court and is therefore not the judgment of this Court. This Court having heretofore dismissed the appeal entered in this cause, the Court is without jurisdiction to enter an order in compliance with said petition.
I therefore think the petition should be denied without prejudice to petitioners to apply to the Circuit Court of Alachua County, Florida, as they may be advised.
I concur in order denying petition.
BROWN, J., concurs.
Source: CourtListener
