The Key West Citizen Newspaper, September 7, 1939, Page 8

appointed for the execution of the sentence. the appellate court shall fix a new time for the execution of the sentence. and if the governor fails or omits to issue his warrant carrying said sentence into execu- tion. then the appellate court shall, issue a warrant to the proper offi- fia). directing him to execute the sentence at time designated in said warrant.” Sec. 275. Sentence of Death Un- executed for Reasons Other than Appeal. If. for any reason, a sen- tence of death has not been exe- euted, or, if the Governor fails or omits to issue a death warrant as provided in htis Code, and there appears to be no legal ground why suck sentence was not executed, the court which pronounced the sentence or any judge thereof or any court heaving appellate jurisdiction in cap- ital cases, or any judge thereof upon application by the attorney-general or by the prosecuting attorney the county in which the conv was had shall, if the defendant custody. order the official in whose custedy he is to bring him before the judge issuing the order, or, if the defendant is at large, shall issue a warrant for his arrest directing that he be brought before the judge is- suing the warrant. Upon his appe: ance the judge shall inquire into the circumstances and if no legal ground is found why sentence should not be executed. the judge shall is- gue a warrant to the proper official directing him to execute the senten at a time designated in said rant Sec. 276. Return of Warrant. Af- ter punishment of death has been inflicted upon any convict in obedi- enee to the warrant, the officer in charge of such execution shall re- turn the warrant as soon as may be with a statement under his hand of his doing therein, to the court is- suing the warrant, and if the war- rant has been issued by the appel- late court. the officer in charge of the ecution shall also file in th 3 office where the conviction w an attested copy of the warra the statement presaid, and such li be by the clerk recorded in the putes of the court, whose judg- ment was thus executed; and there shall also be filed with the governor an atteste copy of the warrant and the ement aforesaid CHAPTE Form of Indictment nd Other Forms. Sec. 277. Criminal It shall be the duty of each ting magistrate at the time commitment papers are sent by him to the proper trial court, and of the sheriff when an arrest’ is made, other than on a capias, to transmit Prosecuting attorney of the trial court having jurisdiction, a re- port in the following form Nam \d_ address Age ive name and address of parent. next friend guardian Name of offense, such as ourder. ult. robberv, etc.:.... Date and place where commited: ue of proverty stolen: .... Kind of property stolen Kind of b robbed Ni addr toa robbed Name of party as- Weapon , murder at scene of crime dant me of such exhibits:....... ‘on record of defendant: ndant been arrested me of If defend- don bond, names and sureties Brief facts Name of magistrate ++. If ad- required, use reverse { this she . Signature party making this report tice Setting Case for ionary with Judge of any Trial Court to adopt rule of his Court a rule requir- hat a least four days before the ding of the docket in criminal in any trial court, it H the duty of the clerk of said to send by United States mail Defendant, his sureties, and torney, if known, a notice in rd form. reading as follows Florida vs. . No- Information To: »y notified that an in- jictment) charging you nse of ........has been e of in and County; and you are re- appear in the -- court r County at the house in on arraignment, plea and for trial in default i will be estreated, r. Prosecut- officer. If such rule is adopted any Court and the rule is not ed with by the clerk the to so comply with the s not constitute r nor affect the obligations bon Sec. 279 of Indictment and inf tion, 1.7 ollowing for of indictment and information, in all cases to which they are applicable shall be med sufficient, as a of the offenses to which they as defined by the laws of this zous forms may be Murder. In ame and by the authority of State of Florida: The grand ws of the County of charge unlawfully and froma design to effect the (or while robbing . as the case may in said coun- him with a gun or by striking him with a by giving him poison to or by pushing him into the whereby he was drowned) e Murder imminently evineil s of h by firing into the store of striking with an adz may be) but without a design to effect the y particular person, did in said County rd Degree Murder. and while feloniously (or timber, or while saulting as the without any de- ath, did kill by sinking his boat over him with an hooting him with ase may Unlawfully e, in driving a_boiler— surgical opera- t of passion— er case the alle- negligence), but der, did kill pning over him (or by caus- lode—or by in- deadly infection m with a ham- In the hearing of court of 2 which -. and fendants, after being ) speak the truth, false- (stating the substance testimony) such matter terial in said cause, and then and there know- that he swore falsely. 2. An information shall be in the same form and signed by the prose- ing attorney who shall also ap- pend thereto the oath of the prose- culing attorney to the effect follow- ing: Personally appeared before me (official title of prosecuting attorney) who is being first duly sworn, says that the allegations as set forth in the foregoing informa- tion are based upon facts that have been sworn to as true, and which, if true, would constitute the offense therein charged, which affidavit shall be made by the prosecuting attorne: before some person qualified to ad- minister an oath. 3. Form of proceeding of a peace warrant: State of Florida, ........ County. . District. Before subscriber, a justice of the peace in and for said county, personally came sssseeseeses, Who, being duly sworn, says that . --did, on the ....day of .... A. D. 192. in the county and district aforesaid (here describe the cause of complaint), and this deponent says he has reason to fear, and does fear. that the ......said will commit the offense so threat- ened, and he prays that the said may be required to find sureties to keep the peace; and this deponent further says that he does not a surety of the peace against said.... out of malice or for mere vexation. but for the cause aforesaid. ...... Sworn to and subscribed befor this .... day of . A. D. 19..,. - (Seal) Justice of the Peace. Warrant: State of Florida District. .. :.. County. In the name of the State of Florida—to the eriff or any Constables of said county: Whereas, ...... has this day made oath before me that......did, on the .... day of ......, A. D. 19.., in the county and district aforesaid (here describe the cause of com- plaint), and that he has cause to fear, and does fear, that the said.. will commit the offense so threate! ed, and that he pray the said...... mav be required to find sureties to keep the peace, and that he does not pray that the said may be re- quired to find sureties to keep the peace, and that he does not pray that the said . + may be required to find sureties to keep the peace out of malice or for mere vexation, but for the cause aforesaid; these’ are, therefore, to command you forth- with to arrest him, the said.... and bring him before me to me dealt with according to law. Given under my hand and seal this .... day of « SS Se. Seer Justice of the Peace. 5. Form of bond to keep the peace: State of Florida ........County .. District. Know all men by these presents, that we......are held and firmly bound unto the Governor of the State of Florida and his succe: sors in office in the sum of ... - :.:... dollars, for the payment where- of well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these present. The condi- tion of this obligation is such, that if the said ...... shall keep the peace towards the people of the State of Florida, and particularly towards. . of said county, for the space of . months. then this obligation to be void; else to remain in full force and virtue. ... (Seal) .Taken before and approved by me, «++, Justice of the Peace. 6. Form of warrant to commit on failure to find sureties to keep the peace: State of Florida :.County, District. In the name of the e of Florida—to the Sheriff or any Constable of said County: Whereas, has made oath before me that ...... did, on the .... day of .... A. D. 19.., in the county and dis- trict aforesaid (here state the cause of complaint) and Whereas, it ap- peared to me upon examination that there was just reason to fear the commission of said offense by the said --+, and the said ......hav- ing been required to enter into a recognizance in_the sum of ...... dollars, with sufficient surety to keep the peace towards the people of the State of Florida, and particularly to- ward the said ...... for the space of months, and the said ... hav- ing refused to find such surety; these are, therefore, to command you forthwith to convey the said...... to the common jail of said county, and to deliver him to the keeper thereof, who is hereby required to receive the said ....into his custody in the said jail, and to keep him safely there until he shall find such secur- ity, or be thence discharged by due course of law, Given under my hand and seal this day of......@ D. 1. al). Justice of the Peace. . 7. Warrant of Commitment on failure to give Bond: State of Flor- ida ...... County, :. District. In the name of the State of Florida— To the Sheriff or any Constable of said County: Whereas .. .. has this day made oath before me in writing that one......., on the .... day of -. A. D., 19.., in the coun- ty and district aforesaid (describe the offense precisely as it is set forth in the affidavit and warrant) and whereas it appeared to me froin an examination that there was just son ot believe that the said...... guilty of such offense, and the on being brought before rrant was required to en- ter into a recognizance, with suf- ficient surety in the sum of .... dol- lars, to appear at the next term of the court to be held in and for me without leave; and the said ving refused to find such securit: You are therefore, commanded forth- with to convey the said .... to the common jail of the said county, and to deliver him to the keeper thereof, who is hereby required to receive the said ... into his custody in the said jail, and to keep him safely there until he shall find such se- curity, or be thence discharged by due course of law, Given under my hand and seal this .... day of vite DEIO. coer: (Seal), Jus- tice of the Peace. 8. _Recognizance of witnesses for the State: State of Flroida ....Coun- ty District. Know all men by these present that I, .... am held and firmly bound unto the Go' ernor of Florida, in the sum of dollars, for payment whereof well and truly to be made I bind myself, my heirs, executors and administra- tors firmly by these present. Signed and_sealed this day of..... A. D. 19... The condition of this o! ligation is such that if I personally appear before the court of said ecoun- ty, at its next term, to be holden in and for said county, then and there to give evidence in behalf of *the state against who is charged with (describe the offense), and not depart the same without leave, then this obligation to be void; else to remain in full force and virtue. .... (Seal). Taken before and approved by me. ........ Justice of the Peace. Commitment of witness for not entering into recognizance: State of Florida ........ County .... District. In the name of the State of Flor- ida—To the Sheriff or any Constable of said County: Whereas, A. B. has this day been brought before me, a justice of the peace in and for said county, upon the charge of (here state the offense precisely as it is laid in the warrant), and I. having made examination in due form of law, did adjudge that said offense had been committed in said district, and that there was probable cause to be- lieve the said A. B. guilty thereof; and whereas ‘upon said adjudication I did order C. D. who then and there before me, a material witness in be- half of the state, to become recog- nized in the sum of .... dollars for his appearance at the next term of the court to be holden in and for said county, and the said C. D. hat ing failed to enter into such recogniz- ance; These are. therefore, to com- mand you forthwith to ‘take the said C. D. and convey him to the common jail of said county, the keep- er whereof is hereby required to de- jain him in custody in said jail until he shall comply with said order or otherwise be discharged according to faw. Given under my hand _and seal this day of ...... A. D. 19.. (Seal) Justice of the Peace. 10 Affidavit for Search Warrant: State of Florida ...... County...... District. Before the subscriber, a justice of the peace in and for said county, personaliy came A. B., who being duly sworn, says that on the day of ......A . D. 19.... the following goods (here describe the goods particularly), were feloniously stolen, taken and carried away out of the house of the said A. B., in the county aforesaid, and that the said A. B. has probable cause to be- lieve. and does believe, that the said goods. or part thereof, are con- cealed in the dwelling house of C. D.,. in said county and district. Sworn to and subscribed before me SRig <5... 7 = GR IE... ee 19... , (Seal) Justice of the Peace. 11. Form of Proceedings in Cases of Assault and Battery: State_of Florida ........ County, trict. Before the subscriber, a jus- tice of the peace in and for said county, personally came , Who, being duly sworn, says that one. .., on the.... ..day of :..... & D, i\.. in the county and district aforesai, in and upon the said deponent an as- sault did make, and him, the said deponent, then and there did beat, bruise. wound and ill-treat. Sworn to and subscribed before he this.... day of , A. O. 19, (Seal) Justice of the Peace. 12. Form of warrant: State of Flor- ida - County, . District. In the name of the State of Florida—to the sheriff or any constables of said county: Whereas, .... has this day made oath before that one +, on the .... day of .... A. D. 19.., in the county and district aforesaid, in and upon him, the said deponent, an as- sault did make, and him, the said deponent, then and there did beat, bruise, wound and ill-treat: These, therefore, to command you to forth with arrest the said ....and bring him before me to be dealt with ac- cording to law. Given under my hand and seal this .... day of .... A. D. 19... ........(Seal) Just of the Peace. 13. Forms of Proceedings in cases of Larceny: State of Florida County, .. District. Before the subscriber, a justice of the peace in and for said county, personally came who, being duly sworn, says that one . - on the ......day of . A. D. , in the county (describe par- ticularly the articles and the value of each), of the goods and chattels of one set forth the owner), then and there being found, feloniously did steal, take and carry away. Sworn to and subscribed before me this.... day of » A. Dz 19. ( Seal) Justice of the Peace. 14. Form of Warrant: State of Florida ....... County, ....District. In the name of the State of Florida— To the sheriff or any constable of said county: Whereas, .... has this day made oath before me that one (here describe the articles as in the affidavit). of the goods and chat- tels of one (here set forth the own- er’s name), then and there being found feloniously did steal, take and carry away: These are, therefore to command you forthwith to arrest the said and bring him be- fore me to lealt with according to law. Given under my hand and seal this ...... day of A. D. . (Seal) Justice of the Peace. Recognizance for appearance at court: State of Florida....Coun- ee Se District, Know all men by these presents, that we.... and... are held and firmly bound unto the Governor of Florida, and his suc- cessors in office, the said (here insert the name of the principal) in the sum of ........ dollars, and the said each in the sume of (here in- sert one-half the sum for which the principal is bound), for the pay ment whereof, well and truly be made. we bind ourselves, our heirs, executors and admi itrators, firmly by these presents. Signed and sealed this .... day of .... A. D, 19... The condition of this obligation is such that if the said .... shall appear at the next term of the court to be held in and for said county. to an- swer to a charge (describe the offense), and shall not depart the same without leave, then this ob- ligation to be void; else to remain in full force and vitrue.....(Seal) Taken before and approved by me. (Seal) Justice of the Peace. 16. Form of warrant: State of Flor- ida ...... County, * District. In the name of the State Florida— to the sheriff or any constable of said County: Whereas: A, B. has this day made oath before me that the following goods, to-wit: (Here describe the goods as in the affi- davit) on the .... day of .... A. D. 19...were feloniously stolen, taken and carried out of the house of the said A. B., in the county aforesaid, and that he, the said A. B. has prob- able cause to suspect, and does sus- pect. that the said goods, or part thereof, are concealed in the dwel- ling house of C. D. in the county and district aforesaid These are, therefore, to command you.with prop- er and necessary assistance, in the day time, in the dwelling house of the said 'C. D., in the county and district aforesaid, and there to dili- gently search for the said goods, and if the same, or any part, there- of. shalt be found upon such search, that you bring the goods so found, and also the body of the said C. D. before me, to be disposed of and dealt with according to law. Given under my hand and seal this..day of Ree Se Re ee (Seal) Justice of the Peace. 17. Form of proceedings on a charge of murder: State of Florida .County, ........Distvict. Before a subscriber, a justice of the peace in ‘and for ‘said county, personally came A. B., who, being duly sworn, says that C. D. , on the ....day of :...+. 19.. in the county of ....and in distriet.... and upon one E. F., in the peace of God then and there being, feloniously. wilfully and of his malice aforethought, did make an assault, and that the said C. D. (with a certain knife which he then and there had held) in and upon the said E. F. a mortal wound did inflict. of which said mortal wound the said E. F. died, and that the said Cc. D. in manner aforesaid the said E. F. then and there did kill and murder; (or if the killing was a shooting. vary the form by adding after the word “assault” as follows: And that the said C D. with a cer- tain gun which he, the said C. D. then and there had held in and upon the said-E. F. a mortal wound did inflict. of which mortal wound the said E. F. died, and that the said Cc. D. in manner aforesaid the said E. F. then and there did kill and murder). Sworn to and subscribed before me this - day of A. D. 19... (Seal) Justice of the Peace. 18. Form of Warrant: State of Florida .... County, ....District. In the name of the State of Florida— To the sheriff or any Constable of said County: Whereas, A. B. has this dav mae oath before me (here recite the offense precisely as it is set forth in the affidavit): [hese are, therefore, to command you forthwith to arrest the said C. D. and bring before me to be dealt with accord- ing to law. Given under my hand and seal this....day of A. D. ... .++1.-(Seal)’ Justice of the Peace. 19. Form of commitment to jail of another county: State of Florida ..-. County, .... District. To the sheriff of said county: Whereas, A. B. has this day made oath before me in writing that C. D., on the ....day of .... 19.., in the county of ....and district... (here describe the of- fense precisley is set forth in the affidavit); and whereas, it aps peared to me from an examination that there was just reason to believe that the said C. D. was guilty of the said offense; and whereas, th no jail or place of safe-keeping said county: These are, therefore. to command you to deliver the id C. D. to the sheriff of .... county, who enn eee is hereby required to receive the said C. D. into his custod- in the com- mon jail of said county, there to be confined and dealt with according to law. Given under my hand and seal ite 5.5 OO OE hres Ae DAD: 65 (Seal) Justice of the Peace. CHAPTER 24. APPEAL. Sec. 280. Apveal only Method of Review. Hereafter the only method of reviewing the proceedings in a prosecution by indictment of infor- mation, shall be bv appeal. Writs of error as methods of review in criminal causes and writs of certor- ari ad adudendum are hereby abol- ished. Sec. 281. Who May Appeal. An ap- peal may be taken by the defendant or_by the State. Sec. 282 Parties—How Designated. The party appealing shall be known as the appellant and the adverse party as the appellee. Sec. 283. Anneal By Anyone of Several Defendants. When several defendants are tried jointly, any one or more of them may take an appeal; but those who do not join in the ap- peal shall not be affected thereby unless the appellate court shall de- termine otherwise. Sec. 284. Appeal as Matter of Right. All appeal- provided for in this chapter may be taken as a mat- ter of right. Sec. 285. Appeal By Defendant. An appeal may be taken by the defend- ant only from: (a) A final judgment of conviction; (b) A sentence, on the ground that it is illegal or ex- cessive. Sec. 286. Appeal by State. An appeal may be taken by the State from: (a) An order quashing an in- distment or information or any count thereof; (b) An order granting a new i (c) An order arresting judg- (d) a ruling on a question of law adverse to the State where the defendant was convicted and appeals from the judgment; (e) the sentence, on the sround that it ie illegal; (f) Judgment discharging prisoner on ha- beas cor-ns. Sec. 287. From What Court Ap- peals Lie. Appeals lie to the Su- preme Court from the Circuit Courts in criminal cases in which said Cir- cuit Courts have original jurisdic- tion and from the Criminal Courts of record in cases of felonies of which said Criminal Courts of Rec- ord have jurisdiction, 4nd from the Court of Record in and for Escambia County in all criminal cases of which jurisdiction is granted to said Court of Record; and appeals lie to Circuit Court in misdemeanor cases from Criminal Courts. Court of, Crime, Court of a County Judge, Court of Justice of the Peace and County Courts Sec. 288. When Appeal to Be Taken by Defendant. An appeal by the de- fendant may be taken only within 90 days after the judgment or sen- tence appealed from is entered. ex- cept that an appeal from both judg- ment and sentence may be taken with 90 days after the sentence is entered. Sec. 289. When Appeal to Be Tak- en by State. An appeal may be tak- en by the state only within 20 days after the order or sentence appealed from is entered, Sec. 290. Hw Appeal Taken. (1) An appeal may be taken «nly bv filing with the clerk of the trial court a notice in writing stating that the appellant appeals from 2 jndg- ment. order, ruling or sentence, as the case may be, and by seivine a copy of the notice of appeal. The noti-» of appeal, when taken by the state, shall be signed by the prose- cuting attorney for the county in which the appeal is taken, or bv the attorney general of the state. When the appeal is taken by the defendant the notice of appeal shall be signed by him or his counsel. Appellee may waive his right that an appeal has been taken. 2) Within 60 days after the filing of notice of appeal, the appellant shall file in the trial court his grounds of appeal. which shall state specif- ically the rulings decisions, and or- ders of the trial court from which the appeal is taken. (3) Formal exceptions to rulings, orders or charges of the court are unnecessary; but for all purnoses for which an ‘exception has heretofore been necessary, it is sufficient that a party, at the time of the ruling, order or charge of the court is made, or sought, makes known to the court the action which he desires the court to take, or his objection to the action of the court and his grounds there- for; and. if a party has no opportun- ity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter pre- judice him. Sec. 291. Notice to Prosecuting At- torney When Defendant Appeals. If the appeal is taken by the defend- ant, a copy of the notice of appeal shail be served on the prosecuting attorney of the county in which the judgment or sentence appealed from was rendered, and the clerk of the ‘court shall immediately send a cer- tified copy thereof to the Supreme Court and to the attorney general, when the appeal is a felony case, and to the clerk of the circuit court and state attorney in misdemeanor cases appealed from Criminal Court, Court of Crimes, and Justice of \ Peace Courts, County Judge's Courts and County Courts. Sec. 292. Notice of Defendant When State Avpeals. If the appeal is tak- en by the state, a copy of notice of appeal shall be served on the defend- ant, if his place of residence is known or if he is imprisoned in the county; or, if not, on the counsel, if who appeared for him at the . if the counsel resides or prac- tices his profession in the county. If such notice cannot be served, after due diligence, the trial court, upon proof thereof, may make an order for the publication of the notice in such newspaper and for such time as it deems proper. When the order for publication is complied with the ap- peal becomes perfected, and the clerk of the court shall immediately send a certified copy thereof to the supreme court and to the attorney general Sec. 2934. Stay of Execution When Defendant Appeals. When the defend- ant appeals either fromthe judgment or the sentence, the execution of a sentence of death is stayed upon the 3 cne of an apneal. The execution of a sentence other than death is stayed upon the taking of the appeal and the defendant may be released on bail in an amount to be fixed by the court and approved as it shall direct. Sec. 293B. Bonds, How Taken. In every case the bonds prescribed by this Article shall be entered before the clerk of the court in which the eause was originally determined, and shall be approved either by him or by the judge of said court, and in every case the persons offering them- selyes as sureties upon the said bond shall be required, before they are ac- cepted as such, to present and file an affidavit that they are in the ag- gregate worth the amount of the penalty of the bond in real estate situate within the county and to set forth in such affidavit an accurate description of said property. The clerk or judge may, however, require further proof of the sufficiency of the sureties offered if he shall think Proper. See, 293C. Discharge Pending Ap- peal. If the party applying for an appeal shall at the time be in custody under sentence of conviction, the al- lowance of such appeal and the ob- taining of such superesedas shal! not lischarge him from custody except vy order of the court below or of a judge of the appellate court, which order shall be made only in cases bailable according to the course of the common law or by the statutes of the State. See. 203. Course When Plaintiff in @rror is Insolvent. case the pleintift in error shall be utterly un- able to pay the costs of the cause, whether it be capital or not, either in whole or in part, and shall him- self make oath before the court or the clerk thereof, and shall also by creditible testimony establish sat- isfactorily to the court that he has not property or other means of pay- ment either in his possession or un- der his control, and has not di- vested himself of his property for the purpose of receiving benefit from this oath, and is alco utterly unable to enter into the bond required to secure the payment of the judgment, fine and costs, the appeal shall be a supersedeas without such payment if the defendant remain in custody, or, in cases not capital, upon his enter- ing into bond with two or more suf- ficient sureties, conditioned that he shall be personally forthcoming to answer and abide the final order, sen- tence or judgment that may be pass- ed in the premises by the appellate court, and also conditioned for his appearance before the court in which the cause was originally determined. Sec. 294. Bail When State Appeals. Upon an appeal by the State alter a conviction of the defendant, a judge of the trial court or a justice of the appellate court may in his discre- tion admit the defendant to bail as vf right. Sec. 295. When Operation of Or- der in Favor of Defendant not Stay- ed. An appeal by the State in no case stays the overation of an or- der in favor of the defendant except when the appeal is from an order srantin~ a new trial. Sec. 296. Duty of Court When Breach of Undertaking. If a defend- ant who is at large on bail pending the appeal breaks the condition of the undertaking that he will duly prosecute his appeal, the appellaie court, in addition to declaring the undertaking forfeited, may dismiss the appeal and may remand the cause to the trial court for such further proceedings as are proper. Sec. 297. Detention of Defendant in Custody, if Bail Not Given. If execution of the sentence is stayed, but the defendant is not at large on bail, the official in whose custody he is shall, upon receiving notice of the stay of execution, keep him in custod-- without executing the sen- tence, to abide the judgment on ap- peal. Sec. 298. Stay When Execution of Sentence Already Commenced. If execution of a sentence of imprison- ment has commenced before a stay of execution is ~ranted, the granting of such stay shall suspend the further execution of the sentence, provided the defendant may at his option, if in custody. serve his sentence during the pendency of the appeal. Sec. 299. Transcrbing and Filing Notes of Stenorraphie Reporter Upon Appeal by Defendant. When notice of appeal is filed by the defendant the trial court shall direct the sten. graphic reporter to transcribe his notes of the proceedings. The re- porter shall certify to the correct- ness of the notes and the transcript thereof. and shall file the notes and the transcript with the clerk. If the prosecuting attorney or counsel for the defendant questions the correct- ness of the notes or transcript tne cuestion shall be settled by the court,. The defendant shall pay the costs of such stenographic report, unle: he is insolvent, when the costs sali be paid by the County. Sec. 200. Transcribing and Fising Notes of Stenographie Reporter upun Appeal by State. When notice of * peal is filed by the state the trial court shall direct the stenoprapnic reporter to transcribe such jwortion of his notes of the proceediags a3 the prosecuting attorney shall sj ecily in writing. If counsel for the de- fendant is of the opinion that por- tions of the notes of the procecd- ings specified by the prosecuting at- torney are not sufficient for a proper determination of the appeal the ¢rinl coum at his request shail direct the reporter to transcribe such further portions of his notes of the proceed- ings as counsel for the defendant shall specif The reporter shail cer- tify to the correctness of the notes and the transcript thereof and shall ile the notes and an original and copies of the transcript, duly ‘ied, with the clerk. If the ; ro: ecuting attorney or counsel for the defendant questions the correctness of the notes or transcript, the cu», shall be settled by the court. ‘Tf costs of the stenographic report shall be paid by the county. 301. Designation of and Trans- mission of Papers to Appellate Court Upon Appeal from Judgment by De- fendant. Upon notice of appeal be- ing filed by the defendant, the clerk of the trial court shall, within 20 days thereafter, unless a longer time is granted by the trial court, tra: mit to the clerk of the appellate court the appeal napers, which shall consist of certified copy and two ad- ditional copies of the following: (a) Notice of appeal: (b) All the plead- ings and any bill of particulars; (c) All entries required to be made by the clerk, including verdict and judgment and sentence of the court; (d) A transcript of the stenographic re- porter’s notes and copies of doc ments offered or received in dence; (e) Record of any pro ings upon the motion for a new trial and copies of any affidavits or oral testimony received upon the hearing of such motion. (f) The parties by written stipulation filed with the Clerk may designate tie parts of the records, proceedings and evidence to be included in the record on appeal, and may agree upon a condensed statement, in narrative form, on all or part of the testimony. (g) It shall not be necessary for the record on appeal to be approved by the trial judge, but if any dif- ference arises as to whether the re ord duly discloses what occurred, the difference shall be submitted to and settled by the court, and the record made to conform to the truth. (h) If anything material to either party is omitted from the record on appeal by error or accident, or is misstated therein, the parties by stipulation, or the trial coprt, either before or ‘af- ter the record is transmitted to the appellate court, or the appellate court on a proper suggestion, or on its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary that a sun~lemental record shall be certified and transmitted by the clerk. (i) Whenever the court is of the opin- ion that original papers or exhibits should be inspected by the appellate court or sent to the appellate court in lieu of copies, it may make such order therefor, and for the safe keeping, transportation, and return thereof as it deems proper, {j) The clerk shall certify that the papers s0 transmitted are certified copies of papers on file. and of the proceedings in his court. (k) The clerk's costs shall be paid by the de- fendant or by the county in case the defendant is_ insolvent. Sec. 302. Transmission of Papers to Appellate Court Upon Appeal By State. Upon notice of appeal being filed by the state the clerk of the trial! court shall within sixty days thereafter, unless a longer time is granted by the trial court, transmit to the appellate court the appeal papers which shall consist of a cer- tified copy and two additional copies of the following: (a) Notice of ap- peal; (b) Any pleadings and entries of record made by the clerk which the prosecuting attorney shall speci- fy in writing or which the court shall direct upon application of the defen- ant: (c) Such portions of the notes of the stenographic reporter as the prosecuting attorney shall specify in writing or which the court shall di- rect upon application of the defend- ant: (d) The clerk’s cost shall be paid by the county. Sec. 303. Copy of Appeal Pavers Given Upon Request or Either Par- ty. The clerk of the trial court shail. thin the time allowed for transi of the appeal papers to the api court, deliver, upon Payment of his fees, to the defend. ant or his attorney and to the pro: ecuting attorney, therefore, a copy of the appeal pa- Sec. 304, Failure of Clerk to Tran: mit Appeal Papers as Required. Fail ure of the clerk to transmit all the 6122, 6123, appeal papers within the time pro- 6148. 6149, 5 vided shall not prejudice the of the parties. f th 4 o transmit any of the rs the 3 appellate eourt or the trial court may 8330. 8331, on its own motion, or shall on the 8343, . 8347, motion of either party, clerk to transmit such Sec. 305. Dismissal of Failure to Prosecute—Certifieate of 8383, The appellant court may 8390, dismiss the appeal if the appeliant 8397. does not prosecute it as required by 8404 ‘When an appe: dismissed. the clerk of the appellate 8418, court shail file with the clerk of the 8425, 8426, 8427, trial court a certificate stating that 8451, 8453. $454, 8455, the appeal has been dismissed. 8458, 8459, 8460 , 8464, ‘Appeals in Criminal 8465 of Compiled Generai Laws of Causes to Have Precedence. All, peals in criminal eases shall have precedence over other appeals and Acts of 1925 Extraordii shall be placed first upon the calen- Appeals in causes where a sentence of death has been Deputy Sheriffs, and other Police imposed shall have precedence over Officers in this State to seize any all other appeals. ; Se. 307. When argument Necessary. fully held or unlawfully in the pos- Judgment may be affirmed without Session of any person, lawfully ar- argument if the appellant fails to Tested. and to provide that the pos- argue, but it may not be reversed Session of such unlawfully held or without argument by the apy either oral or upon written He 308. What Appellate Court to of the officer. . (1) Upon an appeal by either i F the state or the defendant the appel. Acts of 1928 being an Act entitled: late court shall review all rulings and orders appearing in the appeal papers in so far as it is necessary to r af do so. in order to pass upon the fect of re-ommendations to mercy in The court shall Capital cases. upon application ights General Statutes of If t jerk fails ing Sections: 8318, he cl ai 8368, al for 8375, rules of court. dar for hearing. zrounds of appeal, also review all instructions to which n ‘i objection was made and which Acts of 1923, being Act. entitled: are alleged as a ground of appeal, : and the sentence when there is an 9124. 6125 and 6126 of the Revised Court General Statutes of Florida, relating may also in its discretion, if it deems t© the manner and means of inflict- the oe ee >. pennies review any other things said or done in the cause which appears in the of the punishment of death by elec- appeal papers including instructions Gig jatar e reception of evi- 9 } dence to. which no objection was Acts of 1923, being Act entitled: made shall not be construed to con- stitute a ruling by the court. Upon an appeal fendant from the judgment the ap- pellate court shall dence to determine if it is insufficient to support the judgment where this is a ground of appeal. peal from the judgment by a defend- ant who has been sentenced to death the appeallate court shall review the evidence to determine if the of justice require a new trial er the insufficiency of the evidence is a ground of appeal or not. Sec. 309. When Judgment Not to Be Reversed or Modified. No judgment shail be reversed unless the appellate court after an examination of all the appeal papers is of the opinion that that error was committed which the substantial It shall not by the de- review the evi- Upon an ap- rights of the appellant. be presumed affected the substantial right of the Conviction of into degrees or necessarily cludes lesser offenses, and the appel- late court is of the opinion that the evidence does not prove the degree or Be It Enacted by the Legislature of offense of which defendant is found Florida: guilty, but does establish his guilt of some lesser degree or offense under the headings ‘Salaries, “Nec- then essary and Regular Expenses,” the appellate court shall reverse the ‘‘Special Expenses,"" and under the judgment of the trial court to enter headings representing expenses as judgment for such lesser degree or herein listed, are hereby appropriat- offense necessarily included in the ed as the amounts to be charge and pass sentence according- ly, unless some other matter or thing penses, special expenses, and other appearing in the record makes it ad- expenses for each department of visable that new trial be had. = Enforcement of Judgment to be paid out of the funds herein When the judgment appropriated for the annual periods against the defendant is affirmed, beginning July 1, 1939, and July 1, the judgment shall be enforced by the 1940. Unless otherwise specified the was items mentioned herein are annual What Order When Judg- ment Reversed. When the is reversed, on Affirmance. court. from which the appeal 313. What Order or Decision $745,800, necessary When State Appeals. (1) When the penses $199,200, building program: ex- state appeals from an order quash- tra boiler ‘for new dormitories (bi- ing an indictment or information or ennium) $20,000. any count thereof, or from an order granting a new trial, and any such salaries $264, order is affirmed, the appellate court lar expenses $253, shall direct that the trial court pro- ceed to carry such order into effect. If an order quashinj indictment or information. ruling on a question of law adver: to the state the appellate court sh: such appeal. late court may order the rehearing of an appeal. Appellate Court Rules. The appellate court may rules, consistent with the pro of this chapter, eases and shall also form of certificate to court reporter in certifying tne cor- rectness of his transcribed notes, und a form for the clerk of the court in certifying the record on appeal. Sec. 317. Except as otherwise , Magistrate, prosecuting attorney. court reporter, stenograpa- er or interpreter, or other officer ve- quired to perform any duty as vided herein, who wilfully fails, re- fuses and omits to perform any duty herein required of such officer to be done and performed, or wilfully vio- lates any of the provisions hereof, shall be deemed guiltv of a meanor and upon conviction shall be fined not less than $25 nor more than _ Buildin; = for iret Psy heme imprisoned in the county jail not ex- shop and mai: buil ceeding ten days, or by both such 000, new central Ty: ie! Seg” gg aeo age cluding br ge eer ec. 218. Saving Clause. If any 860, total ¢ i section, sub-section, senteace, clause, bas’ ev ree phrase, or word of this Act, any reason, held or declared unconstitutional, inoperative or such holdiag or invalidity shall n affect the remaining portions of this sary Act: and it si been the legislative intent to this Act without such unconstitution- al, inoperative or invalid ll be construed to have etc. $18,750, necessary pass barn. green house, lai this Act $549,235, necessary and art or penses $1,029,375, total $1,578,610. 6 Building as if sueh excluded parts female Datients buildin, ). white had not been included herein: or if male patients building $15,000, colored ision thereof female patients building $20,000, re- able to any ceiving this Act or any shall be held inapplic: person, groups of persons, property, $7,500. general infirmary $25,000, new kind of property. circumstances or hospital addition $35,000, recreation set of circumstances, such holdi thereof to any other rson, propel or. circumstance, plies | Pd | gaits peat S2e808 2 5 & ‘3 8 abi Ba58ce ‘ cae i ARBERE TEBGESEREDE i 328 aaae88 8357, 3 gee 8 5 Reese aR é : sil, 8413, 8414, 8420, 8421, , 8429, s 23 10, 8417, 8424, : 8457, 8464, ae E i é 8460, 8461, a Florida, 1927, and Seetions 1 and 2 of Chapter 1138 Laws of Florida, Session bein an Act entitled: “An Act to Authorize Sheriffs, property which may be found unlaw- possessed property shall constitute an offense committed in the presence And Chapter 9171 Laws of Florida “An Act to amend Section 6096 of the Revised General Statutes of the State of Florida, relating to the ef- And Chapter 9169 Laws of Florida An Act to amend Sections 6123, ing punishment of death in this state, so as to provide for the infliction And Chapter 9167 Laws of Florida, “An Act regulating the summons of petit jurors in circuit, criminal and county courts; and the summons of grand jurors in the circuit court, amending Section 2787 of the Re- vised General Statutes of Florida, with Certain exceptions.” And all other laws or parts of laws inconsistent or in conflict here- with be and the same are hereby re- pealed. ¢. $20. Short Title. This Act may be cited by the short title “Criminal Procedure Act.” Sec. 321. Effective Date. This Act shall be in force and effect on and after 12:01 o'clock a. m. October 10, 1939 and shall govern the procedure in all criminal cases commenced or instituted on and after said time. Became a law without the Gover- nor’s approval. CHAPTER 19280 AN ACT Making Appropriations for the Salaries of the officers and Em- Sec. 310. When Evidence Sustains Ployees of the State and for the cur- lower Offense. In a case where th ivid. partments and branches of the State Cacatece ‘ne crease is divid- Government for the Antual Periods rent Operating Expenses of the De- cme July 1, 1939, and July 1, the State of Fy Sec. 1. That the following sums 3 used to pay salaries, necessary and regular ex- the State of Florida as herein listed, appropriations. ‘he following out of General Rey- judgment enue Borad of Control salaries, $5,- the appellate court shall 850.00, necessary and regular expen- either order that the defendant be ses $3,000.00, Special—Department of discharged from the cause, or, if it Architecture $1,500. thinks proper, grant a new_ trial University of Florida, salaries and regular ex- Agricultural Experiment Station, 500, necessary and regu- 929, (including field laboratories and_ special items as foltows:) Main Experiment Station A r K an indictment $182,619.00. vegetable crops laboratory or information or any count thereof is (truck lab. lower west coast) $1 reversed. the appellate court shall 000. strawberry investigations labora. ct that the defendant be tried on tory $6,300, citrus disease laboratory, t If Cocoa, $3,500, bright leaf tobacco in- an order granting a new trial is re- vestigations for blue mold treatment versed the appellate court shall direct —annually (covering salaries and ex- that the judgment of conviction be penses $5,000. potato disease investi- entered against the defendant. (2) When the State appeals from a ings $2,000, remodeling old beef ‘se and cattle barn for laboratory and 3 rt shall ecuipment (for the btennium) $12,- decide the question of law raised on 000, pecan investigations laboratory Whether Removal Cause When New Trial When the appellate court gations $10,000, laboratory at Hast- $4,150, fumigation research $3,062, or grape pest investigations $3,500, cel- Ordered. ery investigations $15,000, citrus ex- g ‘ orders a periment station $71,451.00 Everglades ~ it shall direct that such experiment station $45,339, North Fla. trial be had in the court from which experiment station $25,968, sub-trop- the appeal was taken, unless the de- ical experiment station 21,000, wa- fendant applied in such court for termelon investigations labora’ removal of the cause and the appeal- late court is of the opinion that the trial court should have granted such application, in which case the ap- casting service $18,000, cotton and pellate court shall court the new trial shall be had. 10,000, special poultry and turkey in- vestigations $1 .500, special dairy in- vestigations $15,540, weather fore- peanut investigations $6,500, special pasture research and demonstrati 20,000, permanent equipment for soil conservation districts $10,000. Agriculture Extension Service: for all purposes, including the be ke of Federal funds: salaries $56, ions necessary and regular expenses $44,- Y for regulating the 808.00, special (4-H Club Camps §3,- practice and procedure on appeals. .. The appellate court shall pre- scribe a form of bond on appeal in cases and habeas corpus sweet potato weevil $5,000, salaries scribe the $137,620, erg and regular ex- used by a penses $44,312.00, for combatin 000. State Plant Board: Special sal- aries and expenses in eradicating § white fringed beetle $5,000, apiary industry ee aoe ency ny hy st unless found necesary by ti ge commission (for the biennium) $50,- r3- 000. Florida State College for Women: laries $476,127.00, necessary and regular expenses and for special and pro- necessary repairs and alterations $128,448, salaries — Lees seg 000, necessary and regular ex- ae (home demonstration 650, e—emergency §15,150. Florida School for Deaf and Blind jisde- salaries $87,755, mecessary and rej ular expenses $110,516, total $198,271. = program : apn J Walker or be Hall $1,000, repairs to intenance Florida Agricultural and Mechani- : salaries . and regu- expenses $31,900, special notes to’ present buildings, to id equi ment ‘biennium) $12,600. cs Florida State Hospital: salaries jar ex- white al $25,000, diet kitchen 000, rooms f wards the “applicability $50,000, new infirmary bulging’ Sie buil (for biennium) $361, Colony: salaries $53,- mi and - expenses. oe a iit. 230"" (Provided amount fg eg ia Farm appropriation per day per patient.’ Furnishing and equipping and re- to buildings, for the biennium) 11,350. Building Program: addition to auditorium $10,000, addition to din- ing hall for the biennium $12,000, sewage disposal plant for the bi- ennium $10,000, swimming pool for the biennium $2,500, vocational work- shop and equipment for the bien- Florida Industrial School for Boys: salaries $50,640. necessary and regu- lar expenses $104,640, total $155,280; building program: vocational educa- } ae dings and two dormitories Florida Industrial Schools for girls, salaries $20,000, necessary and reguiar expenses $30,000, special—em- ergency repairs to dormitory (one year only) $2,500. Florida State Board of Forestry: salaries $50,000, necessary and regu- lar expenses $160,000. Provided that no funds hereinabove appropriated shall be expended on or in any state park or state forest unless the fee simple title thereto is vested in the state of Florida, the Florida Board of Forestry or the Trustees of the Internal fund. Florida Crippled Children's Com- mission: salaries $16,500, necessary and regular expenses $108,500. Pro- ydied that any funds received from Federal grants and expended for sal- aries in excess of $15,100, the said expenditure for salaries shall be de- ducted from the $16,500 herein appr-s- priated for salaries, and the excess shall revert to the appropriation for hospitalization and convalescent care. Florida National Guard: salaries $43,000. necessary and regular oxpen- ses $75,700.00, special—there is here- by appropriated the sum of $20,000 to be used as part of the sponsorship contribution funds for the Tampa Regimental Armory of the 116th field artillery, Florida* National Guard, said project being more particularly described as Works Progress Ad- ministration Project No. 3674 State Service Officer: Salaries $6,- rp apmamaie and regular expenses on net Hecsagp gre — $46,- , necessary and regular expenses $28,000. (To te used only in event no ‘additional mileage taxes are pro- vided for Motor Transportation De- partment) Special—to be expended in Protecting vegetable, fish, lumber and other industries in obtaining and joying just, reasonable and otherwise lawful transportation rates and cher- ges in inter-state commerce and for no other purpose $12,500. Emergency —on approval of the governor attorney general balance of the $ 000, which shall be unexpended the end of the present fiscal year, appropriated for special rate litizs tion for the biennium under the yer: eral appropriation act 1957, the same beine chapter 17707, Acts of 1937, is hereby appropriated for that Purpose. State Library Board: salavies $6,- 300. necessary and regular expenses $3,700. For renovation, repairs and stallation with equipment of oli house chamber so it can be used by the State Library Board (biennium) $10,000. State Auditing Department: salar- ies $90,000. necessary and regular expenses $30,000, Special—additional auditors to be used at the discretion of the Governor $15,000. Judicial Department: Salaries $324,- 000. necessary and regular expenses $247,000. Supreme Court: salaries $73.660, Recessary and regular expenses $20,- Board of Commissioners of State Institutions: salaries $8 000. necessary and regular expenses $8,000. State Geological Survey: salaries $16,320, necessary and regular ex- Penses $9,900 . Governor's Office: Salaries $31,680, — and regular expenses §21,- Office of Secretary of State: sal- aries $36,960, necessary and regular expenses $4.500, for administering Chapter 16880; printing of legal no- tices $1,800. extra clerical help $2,000. Office of the Comptroller: salaries $148,060, necessary and regular ex- penses $49,000. emergencies and con- tingencies $20,000. Office of the Comptroller—Florida Unemployment Compensation Fund: Salaries $10,000. necessary and regu- lar expenses $10.000, emergencies and contingencies $5,000. Office of the Compntroiler—State Welfare Funds: Salartes $21,360, nec- essary and regular expenses $22.25, emergencies and contingencies $5.00. Office of the State Treasurer: Sal- aries $56,100. necessary and regular expenses $8 000, special (bookkeeping machines) (for biennium) 6.000, tea- cher’s sleary fund distribution $10,- £00. teacher's salary fund distribution, necessary and regular expenses $800. Office of the State Treasurer — In- surance Department: Salaries $35, een mecessary and regular expenses salaries $8 640. nec- esearv and regular expenses $1.600. Office fo the State Treasurer —Florida Unemployment Compensa- tion Fund: salaries: $14.400, nece sarv and reeular expenses $3,000, eaninment $4 400. Office of Attorney General: sal- aries $70,000 necessary and regular exnenses $12.000. State Department of Public In- struction: salaries $78500 necessary and regular expenses $21,500. Veestions! - Education - Federal Matchine Funds: Smith-Huehes $84, - 785.54. Georre-Deen. $07,700.47. habilitation $32.699 53, state adminis- trative —non-matchin ~ $1,500, State's share for support cf the Council State Governments $1,000. State Tuberculosis Board: Salaries $3415, necessary and recular ex- Dense £?.395, special $1.760. Miscellanewus: expense collecting revenue $250.000 stationery. exec- tive and legislative $5.000. governor's mansion. keep for help payable to the wovernar. care. unkeep, renair, paint- ine $7,500. governor's mansion, fur- nishines .biennium) $5,000. Comptrnl- Jer’s office—burglariv insurance $2.- 000. Cemntroller’s office. fire insur- ance $2000. State Treasurer's ore. burelary and other insnrance $6.000, revolving refund. fund $5,000. capitol and erounds—lights. fuel, water. . supplies, care, renairs. renewals, minmbing. upkeen. calaries. lvhor $45 - fon. forced ventilating eauipmert for vault rooms on first floor and base- ment. stato treasurer's office (1 vr. onlv) $1450 connty financial state- ments $9000 retired Officers and em- Dinvees £10000 nrintine ews (bien- nium $5.000. primary elections (for the biennium) £15,000, to Varina Da- vis. Chapter 1890, United Dauehters Confederacy for mainteining Olustee Monument $900. Dade Memorial Pk. @ Centennial Park. Port St. Joe $1000. Raval Palm State Park $2.00, wetnral Bridee Monvment and Park, $1200 Ist year—$600 2nd year $1 900. general printing and advertising $50,000, emervency arnronriatinn (for- merly Chapter 11369) $20,000, con- tingent, for nse of governor's Office £1000. state's share particiniting in National Conference uniform laws $15 state beard of aducation exnen- ses investigating and protecting lands #500. Gif further funds are needed, thev are to be taken from emerg- enev frnd provided for governor). National Conference Uniform |: exnense of 3 commissioners $600, state's share interstate commission on crime S168. And the following sums are hereby appropriated from special funds only, but none from general revenue fund: Office of Commissioner of Agricu!- ture salaries £77749 necessary and regular expenses 3 State Marketing urea: —— £<e ~-cegsary and regular ex- penses $39,702. . Agricr'ture and Chemistry Build- ine: salaries $5480 necessary and revular expenses $5.000. State Chemist: salaries $74.79 nea. essary and regular expenses $10,250.