TOM MIX
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a murder conviction and death sentence, finding no abuse of discretion in the trial court's rulings regarding jury fitness and sufficient evidence. The court found the evidence, including the appellant's confession and circumstantial evidence, to be overwhelming.
The court held that the trial court did not abuse its discretion in denying the request regarding the juror's fitness. The court also found the evidence sufficient to support the conviction.
“The record does not reveal an abuse of discretion by the trial court in denying the request.”
Establishes the court's finding regarding the trial court's ruling on the record inclusion of juror fitness questions.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of murdering his estranged wife. The undisputed evidence showed he accosted, assaulted, and killed her in a wooded area, b…
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The appellant was convicted of murder and sentenced to be electrocuted.
He questions the ruling of the court upon the request to require the court reporter to include in the record certain questions relative to the fitness of one of the jurors as well as the sufficiency of the evidence.
The record does not reveal an abuse of discretion by the trial court in denying the request.
With regard to the other question we find it wholly without merit. The undisputed evidence is that appellant accosted the deceased, his estranged wife, and assaulted her. He escorted her to a lonely spot in the woods then killed her with a piece of wood. He buried the remains in a thickly wooded spot and concealed the grave. Shortly thereafter he was seen with blood on his clothes. He reported, however, having sent his wife away on a bus. A short time later a search was made resulting in a discovery of the body whereupon appellant confessed.
We find no error in the record and judgment, and the same is affirmed.
BUFORD, C. J., TERRELL, CHAPMAN, THOMAS and SEBRING, JJ„ concur.
BROWN, J., not participating.
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Hauser v. Hauser, 93 So. 2d 865 (Fla. 1957)…of a Circuit Court acting as an intermediate appellate court, which merely reverses the judgment of an inferior court, is not a final judgment that will support review by certiorari in this Court. See Davis v. First Nat. Bank of Miami, 153 Fla. 864, 16 So. 2d 46, and cases there cited. We recognize one exception to this rule in a situation where the judgment of the Circuit Court reverses the judgment of an inferior court in such fashion and with such directions that would require the inferior court to proce…
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Roberts v. S. Seas Hotel, Inc., 64 So. 2d 314 (Fla. 1953)…that unless and until the circuit -court enters an order or judgment that has the effect of determining the cause finally, a cer-tiorari proceeding in this court is not open to the petitioner. See Davis v. First National Bank of Miami, 153 Fla. 864, 16 So. 2d 46; Perlman v. Ryden, 131 Fla. 66, 178 So. 911. Accordingly, the motion to dismiss the certiorari proceeding should be granted. It is so ordered. TERRELL, Acting Chief Justice, and ROBERTS and MATHEWS, JJ., -concur.…