GEORGE A. SULLIVAN
v.
STATE OF FLORIDA
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The court held that a writ of error coram nobis is not available for an error that would only compel reversal of a judgment, but not preclude its entry.
Petitioner, convicted of murder and sentenced to death, sought a writ of error coram nobis alleging a petit juror was a deputy sheriff who failed to d…
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George L. Sullivan has filed his petition for leave to apply for writ of error coram nobis. He was convicted of murder and sentenced to death. The judgment was affirmed by us at this term. Now he shows that one of the petit jurors *497who sat on the panel that convicted him was a deputy sheriff. That the deputy sheriff qualified under oath when he was interrogated by stating that he held no office or commission under the United States or the State of Florida, and defendant did not learn differently until it was too late to raise the question by motion for a new trial or appeal.
Assuming that the juror was disqualified under the statute, Sec. 40.07, F.S. ’41 F.S.A., we must first ascertain whether the matter may be considered on writ of error coram nobis. Coram nobis has been considered many times by us. See Chesser v. State of Florida, 92 Fla. 754, 109 So. 906; House v. State, 127 Fla. 145, 172 So. 734; Chambers v. State, 136 Fla. 568, 187 So. 156, certiorari granted Chambers v. State of Florida, 308 U. S. 541, 60 S. Ct. 127, 84 L. Ed. 456, reversed 309 U. S. 227, 60 S. Ct. 472, 84 L. Ed. 716; Hysler v. State, 146 Fla. 593, 1 So. (2nd) 628, certiorari granted, 313 U. S. 557, 61 S. Ct. 1113, 85 L. Ed. 1518, affirmed 315 U.S. 411, 316 U.S. 642, 62 S. Ct. 688, 86 L. Ed. 932.
The law is well settled that the writ is not available unless the error claimed would have precluded the entry of a judgment against the petitioner. It is not enough to say that the error would compel the reversal of the judgment for another trial.
The petition is denied on authority of Chesser v. State, supra.
So ordered.
BUFORD, C. J., CHAPMAN and SEBRING, JJ., concur.
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McALLISTER v. Tucker, 88 So. 2d 526 (Fla. 1956)…e and apportioned the damages as provided in the concluding sentence to the quoted statute, we are left to conjecture. Appellant contends that they found both parties guilty of negligence and apportioned the damages. In Loftin v. Deal, 154 Fla. 489, 18 So. 2d 163, and in Atlantic Coast Line R. Co. v. Pidd, 5 Cir., 1952, 197 F. 2d 153, this procedure was approved apparently on the theory that the verdict was much smaller than the amount claimed and being so, the jury fixed an amount pursuant to the provision…
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Authorities Cited (11 total)
- Chambers v. Florida, 309 U.S. 227 (U.S. 1940)
- Hysler v. Florida, 315 U.S. 411 (U.S. 1942)
- Schenectady Union Publ'g Co. v. Sweeney, 316 U.S. 642 (U.S. 1942)
- House v. State, 127 Fla. 145 (Fla. 1937)
- Chesser v. State, 92 Fla. 754 (Fla. 1926)
- Hysler v. Florida, 316 U.S. 642 (U.S. 1942)
- Isiah (Isel) Chambers v. State, 136 Fla. 568 (Fla. 1939)
- Hysler v. State, 146 Fla. 593 (Fla. 1941)
- Hysler v. Florida, 313 U.S. 557 (U.S. 1941)
- Russell v. Todd, 308 U.S. 541 (U.S. 1939)