State v. Burns
Supreme Court of Florida
Writ of Error to the Circuit Court of Escambia county. The offense with which the accused was charged was discharging and depositing in the waters of Pensacola bay ballast contrary to the manner prescribed by law. Appeals were entered by the State Attorney, Mr. Mc-Kinnon, and the records sent up in this and other cases. The appeals were dismissed on the same grounds. The other facts are stated in the opinion.
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
The defendant in error, Dennis Burns, was indicted, and upon his motion the indictment was quashed.
The State thereupon seeks to bring the cause before this court by writ of error, and defendant in error moves to quash the writ and dismiss the case upon the ground that a writ of error will not lie at the instance of the State in a criminal cause.
The statutes of this State make provision for the writ of error in criminal cases, but in every act of legislation on the subject it is clearly contemplated that the defendant only is entitled to the…
2Cited by7 opinions
- United States v. SangesSupreme Court of the United States · 1892
- State v. PettisSupreme Court of Florida · 1988
- State v. CreightonSupreme Court of Florida · 1985
- Lovett v. StateSupreme Court of Florida · 1892
- State v. McMahonSupreme Court of Florida · 2012
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