F. M. PHILLIPS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for assault with intent to murder, finding that the sole assignment of error regarding the sufficiency of evidence was not properly before the court due to a failure to except to the denial of a new trial motion.
No, the assignment of error was not properly before the court because the accused failed to except to the ruling denying the motion for a new trial.
“We fail to find in the bill of exceptions that the accused excepted to the ruling of the court denying the motion for a new trial, and the'assignment of error is not therefore properly before-us.”
Reasoning for not considering the sufficiency of evidence.
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Join FLexlaw to unlock all legal intelligencePhillips was convicted of assault with intent to murder and sentenced to four years in prison. He appealed, assigning as error the insufficiency of th…
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Cockrell, J.
— Phillips was convicted of an assault with intent to murder one Joshua Cox by cutting him with a knife, and sentenced to a term of four years, in the State prison.
The only error assigned here questions the sufficiency of the evidence to support the verdict.
We fail to find in the bill of exceptions that the accused excepted to the ruling of the court denying the motion for a new trial, and the'assignment of error is not therefore properly before-us. Johnson v. State, 53 Fla. 42, 43 South. Rep. 430 and cases cited. We do find that the court denied the motion, and following the judge’s name is an allowance of additional time to present a bill of exceptions. Numerous exceptions were taken as to the admissibility of evidence during the progress of the trial, so we are not permitted to read into the record a noting of an exception to this order from the allowance of additional time.
Lest this may appear as over technical, we may add that after a consideration of the whole evidence, we do not see that the plaintiff in error has really lost by the omission.
Judgment affirmed. Whitfield, O. J., and Shackleford, J., concur;
Taylor, Hocker and Parkhill, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baxley v. State, 72 Fla. 228 (Fla. 1916)…43 South. Rep. 430; Coleman v. State, 43 Fla. 543, 30 South. Rep. 684; Davis v. State, 47 Fla. 26, 36 South. Rep. 170; Hoodless v. Jernigan, 51 Fla. 211, 41 [*232] South. Rep. 194; Gilbert v. State, 58 Fla. 50, 50 South. Rep. 535; Phillips v. State, 62 Fla. 77, 57 South. Rep. 341. This disposes also of the question argued at great length in the briefs of the plaintiff in error challenging the constitutionality of Section 4007 of the General Statutes. It may not be amiss for us to remark that we have gone…
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Henry v. Spitler, 67 Fla. 146 (Fla. 1914)…tate a cause of action. We cannot consider the sixth assignment, which is based upon the denial of the motion, for a new trial, for the reason that such ruling was not excepted to. Johnson v. State, 53 Fla. 42, 43 South. Rep. 430; Phillips v. State, 62 Fla. 77, 57 South. Rep. 341; Andrews v. State, 65 Fla. 377, 61 South. Rep. 975. The remaining assignment that the judgment was contrary to law has been disposed of in our discussion of the other assignments. Having found no reversible error, the judgment mu…
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St. Andrews Bay Lumber Co. v. Bernard, 106 Fla. 232 (Fla. 1932)…g of the trial court denying the motion for new trial made. See Section 4609 C. G. L., 2904 R. G. S., which requires that the party aggrieved by any order or judgment, except a judgment on demurrer, to make his exceptions thereto. Phillips v. State, 62 Fla. 77, 57 Sou. Rep. 341; Henry v. Spitler, 67 Fla. 146, 64 Sou. Rep. 745, Ann. Cas. 1916E 1267; Johnson v. State, 53 Fla. 42, 43 Sou. Rep. 430; Jacksonville Electric Co. v. Adams, 50 Fla. 429, 39 Sou. Rep. 183, [*234] 7 Ann. Cas. 241; Hoodless v. Jernigan…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 53 Fla. 42 (Fla. 1907)