Mobley v. State

I respectfully dissent and would reverse the conviction and sentence for perjury. The record in the original proceedings was silent as to whether the defendant was sworn. A court speaks only by its record, and when that is deficient the remedy is by correction to make the record speak the truth and not by attempt to supply the omission by evidence aliunde. Perkins v. Mayo, 92 So.2d 641 (Fla.1957). Approval of the procedure employed by the State in this case violates the best evidence rule. See North Beach Yellow Cab Company v. Village of Bal Harbour, 135 So.2d 4 (Fla. 3d DCA 1961).

In my…