MAURICE M. CHAVIGNY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE (TWO CASES)
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 court held that the defendant met the statutory test for insolvency and the trial court erred in denying his applications.
The defendant was convicted of murder and sought to be declared insolvent under Florida Statute § 924.17 to avoid costs. The trial court denied his ap…
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.
Maurice M. Chavigny was found guilty of murder in the second degree under two indictments charging him with the first degree murder of Wilbur McReynolds and his wife, Faye McReynolds. He was sentenced to life imprisonment on each of the convictions, the sentences to run consecutively. Chavigny filed in each case an application pursuant to section 924.17, Florida Statutes, F.S.A., seeking an order that he be declared insolvent.
The court heard the applications on their merits and denied them. We have carefully examined the record and find that the evidence supports the applications and that the appellant has met the test required for an order of insolvency under the aforesaid statute and the decisions of the Supreme Court of Florida. Baker v. State, Fla.949, 42 So.2d 768; and see also Loy v. State, Fla.1954, 74 So.2d 650; Anderson v. State, Fla.1956, 85 So.2d 123; and Gaston v. State, Fla.App.1958, 106 So.2d 622.
The trial court should have granted the application and should have entered an order declaring the appellant insolvent in each instance. The cases are hereby remanded for proceedings in conformance with the views herein expressed.
Reversed.
ALLEN, C. J., and KANNER and SHANNON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Keur v. State, 160 So. 2d 546 (Fla. 2d DCA 1963)…o. 2d 622. . Chapter 63-409, Laws of Florida 1963, F.S.A. § 27.50 et seq. Accord: Rolle v. State, 1934, 115 Fla. 64, 154 So. 892; Loy v. State, Fla.1954, 74 So. 2d 650; Brizzie v. State, Fla.App.1960, 120 So. 2d 27; Chavigny v. State, Fla.App.1959, 113 So. 2d 838. Dictum: Cutts v. State, 1907, 54 Fla. 21, 45 So. 491. Note also § 909.21, Florida Statutes, F.S.A., providing for appointment of counsel in capital cases. . Cf. Mullins v. State, Fla.App.1963, 157 So. 2d 701 (First District Court of Appeal, Case N…
Authorities Cited
- Chavigny v. State, 112 So. 2d 910 (Fla. 2d DCA 1959)
- City of Bartow v. Fla. Rd. Pub. Utils. Comm., 42 So.2d 768 (Fla. 1949)
- Alton LOY v. State, 74 So. 2d 650 (Fla. 1954)
- Gaston v. State, 106 So. 2d 622 (Fla. 1st DCA 1958)
- Anderson v. State, 85 So. 2d 123 (Fla. 1956)