T. W. SHULER, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA; DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a criminal conviction, holding that procedural errors do not warrant reversal unless they injuriously affect the substantial rights of the complaining party.
The court held that a judgment should not be reversed for procedural errors unless those errors injuriously affect the substantial rights of the complaining party.
“On the authority of Gee v. State, 61 Fla. 22, 54 South. Rep. 458; Goff v. State, 60 Fla. 13, 53 South. Rep. 327; Owens v. State, 65 Fla. 483, 62 South. Rep. 651; Pittman v. State, 82 Fla. 24, 89 South. Rep. 336; Dixon v. State, 79 Fla. 586, 84 South. Rep. 541; Reeves v. State, 68 Fla. 96, 66 South. Rep. 432; Johnson v. State, 80 Fla. 61, 85 South. Rep. 155, and other similar decisions as to harmless error of procedure, the judgment of conviction herein should be affirmed.”
This quote establishes the basis for affirming the conviction, citing prior cases on harmless error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involves a criminal conviction where the plaintiff in error appealed, alleging errors in procedure. The specific facts leading to the convict…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Criminal Conviction cases and more on FLexlaw
Per Curiam.
On the authority of Gee v. State, 61 Fla. 22, 54 South. Rep. 458; Goff v. State, 60 Fla. 13, 53 South. Rep. 327; Owens v. State, 65 Fla. 483, 62 South. Rep. 651; Pittman v. State, 82 Fla. 24, 89 South. Rep. 336; Dixon v. State, 79 Fla. 586, 84 South. Rep. 541; Reeves v. State, 68 Fla. 96, 66 South. Rep. 432; Johnson v. State, 80 Fla. 61, 85 South. Rep. 155, and other similar decisions as to harmless error of procedure, the judgment of conviction herein should be affirmed.
The judgment should not be reversed or a new trial granted in any case, civil or criminal, for-errors in ruling upon the admission or rejection of evidence, or for errors in giving or refusing charges, or for errors in any other matter of procedure or practice, unless it shall appear to the court from a consideration of the entire cause that such errors injuriously affect the substantial rights of the complaining party. Nor should a judgment be reversed or a new trial granted on the ground that the verdict is not sustained by the evidence, unless it appears that there was no substantial evidence to support the finding, or that upon the whole evidence the verdict is clearly wrong, or that the jury were not governed by the evidence in making their finding.
Affirmed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Henderson v. State, 94 Fla. 318 (Fla. 1927)…e, 75 Fla. 296, 78 So. 287; Seymour v. State, 66 Fla. 133, 63 So. 7; McQuagge v. State, 80 Fla. 768, 87 So. 60; Gee v. State, 61 Fla. 22, 54 So. 458; Cooley v. State, 85 Fla. 46, 95 So. 126; Joyner v. State, 85 Fla. 384, 96 So. 155; Shuler v. State, 84 Fla. 414, 93 So. 672; Crawford v. State, 86 Fla. 94, 97 So. 288; Jacques v. State, 86 Fla. 137, 97 So. 380; White v. State, 84 Fla. 677, 95 So. 113; Holmberg v. Hardee, 90 Fla. 787, 108 So. 213; Stephens v. State, (Fla.) 109 So. 303; Herd v. Maloney, (Fla.)…
-
Young v. State, 85 Fla. 348 (Fla. 1923)…. 586, 84 South. Rep. 541; Sandlin v. State, 76 Fla. 368, 79 South. Rep. 714; Crane v. [*365] State, 76 Fla. 236, 79 South. Rep. 806; Kersey v. State, 73 Fla. 832, 74 South. Rep. 983; Seymour v. State, 66 Fla. 133, 63 South. Rep. 7; Shuler v. State, 84 Fla. 414, 93 South. Rep. 672; Lewis v. State, 84 Fla. 466, 94 South. Rep. 154; Breen v. State, decided this term; Boyington v. State, 77 Fla. 602, 81 South. Rep. 890; Padgett v. State, 64 Fla. 389, 59 South. Rep. 946; Barrentine v. State, 72 Fla. 1, 72 South…
-
Matthews v. State, 130 Fla. 53 (Fla. 1937)…ws' and his wife. Therefore, it has not been made to appear that from a consideration of the entire case the rejection of this testimony affected the substantial rights of the defendant. See Dixon v. State, 79 Fla. 586, 84 Sou. 541; Shuler v. State, 84 Fla. 414, 93 Sou. 672. It also appears from the record that there was no proffer of proposed testimony and, therefore, no opportunity presented to the trial, court to determine whether or not the testimony elicited could be of any benefit to the accused. Th…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens v. State, 65 Fla. 483 (Fla. 1913)
- Gee v. State, 61 Fla. 22 (Fla. 1911)
- Goff v. State, 60 Fla. 13 (Fla. 1910)
- Dixon v. State, 79 Fla. 586 (Fla. 1920)
- Johnson v. State, 80 Fla. 61 (Fla. 1920)
- Reeves v. State, 68 Fla. 96 (Fla. 1914)
- Pittman v. State, 82 Fla. 24 (Fla. 1921)