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Kiser v. Mayo

Monk Kiser Alias Peg Kiser v. Nathan Mayo, as Custodian of State Prison.

Kiser v. Mayo, 190 So. 246 (Fla. 1939)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 30, 1939
Judges
Buford, Terrell, Thomas, Whitfield, Brown, Chapman, Compiled, Laws, Rules
Citations
190 So. 246138 Fla. 7751939 Fla. LEXIS 1496
Cited by 7 1 descriptions by later courts

Opinion of the Court — Buford

Buford, J. — This is an original proceeding in habeas corpus. The petition shows and the return admits that petitioner was tried on a charge of assault with intent to murder and was convicted of aggravated assault and that thereupon petitioner was sentenced to serve one (1) year at hard labor in State Prison.

The sentence to State prison was without authority of law. See Sec. 5061 R. G. S., 7163 C. G. L., Sec. 5004 R. G. S., 7103 C. G. L.

The judgment and sentence being not authorized by law, the jurisdiction of the Circuit Court continues until a lawful judgment shall have been entered.

So the petitioner should be now delivered to the Sheriff *776 of Madison County and by him presented to the Circuit Court of such County at its next regular or special term, there to receive lawful judgment and sentence under the verdict heretofore rendered.

So ordered.

Terrell, C. J., and Thomas, J., concur.

Whitfield, J., concurs in opinion and judgment.

Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 7 cases

View all citing references →
1945: 11946: 11958: 11962: 21993: 11994: 119452026peak 1962 · 2

Relies on it most ⓘ

  1. Helton v. State106 So. 2d 79 (Fla. 1958)
  2. People ex rel. Best v. District Court171 P.2d 774 (Colo. 1946)
  3. State v. Febre23 So. 2d 270 (Fla. 1945)
  4. Gutterman v. State141 So. 2d 21 (Fla. Dist. Ct. App. 1962)
  5. Wright v. State643 So. 2d 1157 (Fla. Dist. Ct. App. 1994)
  6. Perkins v. State616 So. 2d 580 (Fla. Dist. Ct. App. 1993)

Most recent

  1. Wright v. State643 So. 2d 1157 (Fla. Dist. Ct. App. 1994)
  2. Perkins v. State616 So. 2d 580 (Fla. Dist. Ct. App. 1993)
  3. Johnson v. Sacks173 Ohio St. (N.S.) 452 (1962)
  4. Gutterman v. State141 So. 2d 21 (Fla. Dist. Ct. App. 1962)
  5. Helton v. State106 So. 2d 79 (Fla. 1958)
  6. People ex rel. Best v. District Court171 P.2d 774 (Colo. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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