M. G. COCKERY, APPELLANT,
v.
S. ASHKENAZY, APPELLEE
PER CURIAM.
This cause came on to be heard on ths motion of appellee to affirm the judgment appealed from pursuant to Rule 38 of the rules of this court, 31 F.S.A., and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;
It is accordingly Ordered, Adjudged and Decreed that the motion to affirm the judgment appealed from be, and the same is hereby granted, and the judgment is
Affirmed.
TERRELL, HOBSON, ROBERTS, THORNAL, O’CONNELL and BUFORD, JJ., concur. THOMAS, Acting Chief Justice, dissents.
Cases With Similar Vibessemantic neighbors from the corpus
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Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976)…eopardy. Strawn v. State ex rel. Anderberg, Fla.1976, 332 So. 2d 601. Whether or not the judge could safely ask defense counsel to take a position with respect to whether he wanted a mistrial is not totally clear. Compare State v. Grayson, Fla.1956, 90 So. 2d 710, with Farmer v. State, supra. Admitting the influence of some of the practical ramifications, we have concluded that the interests of justice would not be served by the adoption of an absolute rule that in every instance there is no need to object…
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State v. Gaines, 770 So. 2d 1221 (Fla. 2000)…6 (Fla. 1993). As we explained in Thomason, jeopardy attaches in a criminal proceeding when the jury is impaneled and sworn. See id. (citing Crist v. Bretz, 437 U.S. 28, 38, 98 S.Ct. 2156, 57 L.Ed.2d 24 (1978), and State ex rel. Williams v. Grayson, 90 So. 2d 710, 713 (Fla.1956)); see also Fla. R.Crim. P. 3.191(c) (providing that the trial is deemed to have commenced when the jury panel for that- specific trial is sworn for the voir dire examination or, if the jury is waived, when the trial proceedings begin…
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Spaziano v. State, 429 So. 2d 1344 (Fla. 2d DCA 1983)…on trial under an indictment or information sufficient in form and substance to sustain a conviction before a court of competent jurisdiction and a jury has been impaneled, sworn, and charged with his deliverance. State ex rel. Williams v. Grayson, 90 So. 2d 710 (Fla.1956). When this point has been reached, as in the case sub judice, a trial judge should exercise his power to discharge the jury only in cases of manifest, urgent, or absolute necessity. If the jury is discharged without the defendant’s consen…
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