Burns v. State

Decided February 19, 1929

Supreme Court of Florida · decided 1929-02-19

Key passage — most relied on by later courts

““In this case we find no reversible error revealed by the record to have occurred during the progress of the trial of the cause, but the record discloses that there was no adjudication of defendant’s guilt. Therefore, there was no judgment of conviction upon which to base a sentence of imprisonment or otherwise. Aside from this, we deem the language used in imposing the sentence inadequate. See Harris v. State, 75 Fla. 527 , 78 So. R. 526; Timmons v. State, filed January 18, 1929, reported 119 So. R. 363; Mathis et al. v. State 67 Fla. 277 , 64 So. R. 944.” “Reversed and remanded .for a proper judgment.””

quoted by 1 later decision, including Cancela v. State

Relies on Mathis v. State · Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1929-02-19

How this case has been cited

Cited by 5 later decisions — most recently March 1976

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*233 Per Curiam.

¶1 In this case we find no reversible error revealed by the record to have occurred during-the progress of the trial of the cause, but the record discloses that there was" no adjudication of defendant’s guilt. Therefore, there was no judgment of conviction upon which to base a sentence of imprisonment or otherwise. Aside from this, we deem the language used in imposing the sentence inadequate. See Harris v. State, 75 Fla. 527, 78 So. R. 526; Timmons v. State, filed January 18, 1929, reported 119 So. R. 363; Mathis et al., v. State 67 Fla. 277, 64 So. R. 944.

¶2 Reversed and remanded for a proper judgment.

Terrell, C. J., and Whiteield and Bueord, J. J., and Long, Circuit Judge, concur.