STATE OF FLORIDA, EX REL. ALFRED RECIO AND D. C. SMITH, ALIAS C. D. SMITH,
v.
ALBERT W. SIMPSON, AS CHIEF OF POLICE OF THE CITY OF MIAMI BEACH, FLORIDA
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The Florida Supreme Court affirmed a lower court's judgment in a habeas corpus proceeding, finding that the appellants failed to demonstrate reversible error in their convictions under a municipal ordinance. The court noted that the ordinance's penal clause was not in the record but that the municipality had statutory authority to impose both fines and imprisonment.
No, the appellants failed to demonstrate reversible error, and the imprisonment imposed was within the statutory limits.
“The burden is on the appellants to make it clearly appear that the trial judge, committed error, which burden they failed to carry.”
Establishes the standard of review and the appellants' burden of proof.
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Join FLexlaw to unlock all legal intelligenceAppellants were convicted under a municipal ordinance, and they sought relief through habeas corpus proceedings. The specific penal clause of the ordi…
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Appeal brings for review judgment of remand in habeas corpus proceedings.
*105The burden is on the appellants to make it clearly appear that the trial judge, committed error, which burden they failed to carry. See White v. White, 108 Fla. 380, 149 So. 375.
The penal clause of the ordinance under which appellants were alleged to have been convicted does not appear in the record. Sub-section (h) of Section 28, Chapter 7672, Laws of Florida, as amended by Chapter 16567, Special Acts of 1913, and Chapter 17596, Special Acts of 1935, confer on the respondent municipality power to impose both fine and imprisonment for violation of municipal ordinances. The imprisonment imposed is within the limit of the periods fixed by statute, supra.
For the reasans stated, we cannot determine affirmatively that reversible error was committed. Ferlita v. Jones, 50 Fla. 218, 39 So. 593.
Judgment is affirmed.
So ordered.
BROWN, C. J., WHITFIELD, and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ferlita v. Jones, 50 Fla. 218 (Fla. 1905)
- White v. Mrs. Hattie White, 108 Fla. 380 (Fla. 1933)