STATE EX REL. SHROPSHIRE
v.
MAYO

Fla. | 1953-11-20
ROBERTS, C. J., and ■ THOMAS, DREW and BUFORD, JJ., concur.
68 So. 2d 393 Florida Supreme Court (1953) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court considered a report from a circuit judge regarding a prisoner's claim that he was under the influence of narcotics during his arraignment and plea. The court accepted the report, overruled the prisoner's exceptions, and discharged the writ of habeas corpus.


Holding

The Court held that the relator's exceptions to the circuit judge's report were overruled, and the report was accepted and approved, meaning the claim of incapacitation was not substantiated to the court's satisfaction.


Key Quotes

“that he was so greatly under the influence of narcotics at the time of his arraignment that he was wholly and completely ignorant of all the proceedings including his arraignment and plea of guilt' to charges-against him”

This quote describes the core allegation made by the relator regarding his state of mind during the arraignment.

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Facts & Procedural History

The relator, Shropshire, claimed he was so heavily under the influence of narcotics during his arraignment that he was unaware of the proceedings, inc…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard upon the report of the Honorable Claude Ogilvie, Circuit Judge, to whom this cause was referred for the purpose of taking testimony relevant to the charge of the relator that he was so greatly under the influence of narcotics at the time of his arraignment that he was wholly and completely ignorant of all the proceedings including his arraignment and plea of guilt' to charges-against him; and-upon the exceptions to the Circuit Judge’s report; and the Court having considered the report and the record in the cause and having heard argument of counsel for the relator and the respondent,

IT IS ORDERED.that the exceptions be overruled; that the report be accepted and approved; that .the.writ of habeas corpus issued 8 June, 1953, be discharged, and that the relator be remanded to the custody of the respondent.

ROBERTS, C. J., and THOMAS, DREW and BUFORD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Jacksonville Expressway Auth. v. Milford, 115 So. 2d 778 (Fla. 1st DCA 1959)
    …aims until the same shall be paid” (c. 4300, Laws of Florida, Acts of 1893). Ad valorem taxes against real property attach to the res without regard to ownership. Spratt v. Price, 18 Fla. 289. In Dolores Land Corp. v. Hillsborough County, Fla.1953, 68 So. 2d 393, it was held that where a deed to state land was executed December 29, 1947, but not delivered until January 1, 1948, the property was exempt from taxation in 1948. Parenthetically, it is immaterial that property as to which the tax lien attaches on…
  • Clark v. Leatherman, 17 Fla. Supp. 63 (Dade Cty. Cir. Ct. 1961)
    …it has been stated that the owner has until issuance of a valid tax deed to redeem. From several other cases (Lance v. Smith, 167 So. 366, 1936; Hull v. State, 11 So. 97; Fountain v. McCaskill, 114 So. 511; Dolores Land Corp. v. Hillsborough County, 68 So. 2d 393, 1953) we learn why this is so. As stated as long ago as Gault’s Appeal (1859), 33 Pa. St. 94 at 99, cited with approval by our Supreme Court in Hull v. State, supra — “Now with what propriety of speech can this be called a sale prior to the date [o…
  • McCARTY v. Booth, 69 So. 2d 655 (Fla. 1954)
    …ale; and until the deed was actually -executed and " delivered by the Trustees of the Internal Improvement Fund, title remained in the Trustees. Lance v. Smith, 123 Fla. 461, 167 So. 366; Dolores Land Corp. v. Hillsborough County, 1953, [*658] Fla., 68 So. 2d 393. The delivery of the deed was the last official act to be performed by the Trustees in the conveyance of the property, after which their control over the property would cease. Compare U. S. v. Schurz, 102 U.S. 378, 26 L.Ed. 167. It would seem, then,…

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