W. C. CRATON,
v.
DEWITT SINCLAIR, AS SHERIFF OF POLK COUNTY, FLORIDA
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 state can enforce a judgment despite a delay in taking the appellant into custody, as the delay was not the state's fault.
Appellant was convicted in 1941 and began serving his sentence in 1942. After an unsuccessful habeas corpus petition and an affirmed appeal, he was no…
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.
Explore caselaw by topic → Browse Enforcement Of Judgment cases and more on FLexlaw
This is an appeal from a judgment remanding appellant to custody in habeas corpus.
It appears that appellant was convicted of a criminal offense in August of 1941 and sentenced to serve a period of months in jail. He filed an appeal which was later dismissed and, thereafter, in June, 1942, appellant was taken into custody to begin serving the sentence.
Before the sentence was served he procured a writ of habeas corpus to test the legality .of the information upon which he was convicted and being unsuccessful he appealed and remained at liberty under an appeal bond. The latter judgment was affirmed in January, 1943, but when the mandate went down, through an oversight, he was not taken into custody to continue the sentence until February 1945.
By this proceeding he now questions the right of the state to enforce the judgment because of undue delay. He relies primarily upon our opinion, State ex rel. Libtz v. Coleman, 149 Fla. 28, 5 So. (2nd) 60. The law on this question has been sufficiently expounded in the cited case and authorities referred to therein. We will rest our decision here with the distinguishing features of this case. Amazing as it is in State ex rel. Libtz, v. Coleman, supra, the record was conclusive that the convict’s sentence was interrupted without her consent or instigation, whereas, here the factual statement is to the contrary. It follows therefore that this case is not ruled by the opinion cited and the judgment appealed from is affirmed.
Affirmed.
CHAPMAN, C. J., TERRELL and BUFORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)…the motion, together with the affidavit, alleged that the hospital had a meritorious defense to the action inasmuch as it had not been negligent in its treatment of the infant respondent. In Town of North Miami v. State ex rel. Watson, 156 Fla. 340, 22 So. 2d 762, we held that the denial of negligence contained in a responsive pleading alleged a meritorious defense so as to create an issue of fact. A similar holding was reached in State Bank of Eau Gallie v. Raymond, 103 Fla. 649, 138 So. 40. See also Benedi…
-
State of Fla. ex rel. Bernard M. Shotkin v. Buchanan, 149 So. 2d 574 (Fla. 3d DCA 1963)…f any appellate court in this state. Cases such as State v. Horne, 52 Fla. 125, 42 So. 388, 7 L.R.A., N.S., 719; Terrell v. Wiggins, 55 Fla. 596, 46 So. 727; State ex rel. Libtz v. Coleman, 149 Fla. 28, 5 So. 2d 60; Craton v. Sinclair, 156 Fla. 341, 22 So. 2d 762; Sinclair v. State, Fla.App.1957, 99 So. 2d 238; and State v. Bateh, Fla.1959, 110 So. 2d 7; and others to which we could allude, have been examined and would seem to bear on the point but are of little aid in reaching a conclusion. The question wi…
-
Cash v. State, 73 So. 2d 903 (Fla. 1954)…ling him to bail. We find ourselves unable to. agree with this contention. As related to criminal proceedings, a supersedeas bond is simply a bail bond by another name. Cheyney v. Trammell, 65 Fla. 451, 62 So. 916; Craton v. Sinclair, 156 Fla. 341, 22 So. 2d 762. Sections 924.14-16, Florida Statutes, F.S.A. Consequently, statutes and decisions applicable to bail bonds will, in general, control supersedeas bonds under which defendants in criminal proceedings are permitted to go at large after their convictio…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Ex Rel. Libtz v. Coleman, 5 So. 2d 60 (Fla. 1941)