ROY TOOTLE, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
Per Curiam.
The transcript of the record in this case does not contain any judgment of conviction. What appears to have been considered as such a judgment is nothing more than the sentence of the court. There is no adjudication by the court of the guilt of the defendant, of the crime for which the plaintiff in error was convicted by the jury in the trial court. There is, therefore, no such final judgment as will support a writ of error. See Maniscalco v. State, decided at the present time, and cases therein cited. The writ of error must, therefore, be quashed and the cause remanded. It is so ordered.
Terrell, C. J., and Ellis and Brown, J. J., concur.
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Ellis v. State, 100 Fla. 27 (Fla. 1930)…. Ry Co. v. Boy, supra. The Attorney General states in the brief filed in behalf ot the State that it “must be conceded that the record does not show a valid judgment, ’ ’ and cites Maniscalco v. State, 98 Fla. 468, 123 So. R. 922; Tootle v. State, 98 Fla. 469, 123 So. R. 922; Kuhn v. State, 98 Fla. 206, 123 So. R. 755. [*41] In the case of Smith v. State, 75 Fla. 468, 78 So. R. 530, the indictment' sought to charge Smith with the offense of unlawfully selling intoxicating liquors. The first offense was c…
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Baker v. State, 377 So. 2d 17 (Fla. 1979)…t unconstitutional. The majority states that there is “a considerable line of cases construing the statute” which hold that there is no requirement of a causal connection between the intoxication and the death. A careful reading of Tootle v. State, 98 Fla. 469, 130 So. 912 (1930) and Cannon v. State, 91 Fla. 214, [*CI] 107 So. 360 (1926), reveals that they do not support this proposition. The cases do not construe the statute so as to dispense with causation. In Roddenberry v. State, 152 Fla. 197, 11 So.…1 / 2
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Anderson v. Chapman, 109 Fla. 54 (Fla. 1933)…tate, 75 Fla. 468, 78 Sou. Rep. 530; Johnson v. State, 81 Fla. 783, 89 Sou. Rep. 114; Harris v. State, 75 Fla. 527, 78 Sou. Rep. 526; Norwood v. State, 80 Fla. 613, 86 Sou. Rep. 506; Timmons v. State, 97 Fla. 23, 119 Sou. Rep. 393; Tootles v. State, 98 Fla. 469, 123 Sou. Rep. 922; Maniscalco v. State, 98 Fla. 468, 123 Sou. Rep. 922; Ex-Parte McDaniel, 86 Fla. 145, 97 Sou. Rep. 317; Mathis v. State, 67 Fla. 277, 64 Sou. Rep. 944; Burns v. State, 97 Fla. 232, 120 Sou. Rep. 360; Ellis v. State, 100 Fla. 27, 1…
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