Sutton v. State
Supreme Court of Florida
Appeal from the Circuit Court for Yolusia county. The appellant was indicted by the grand jury of Yolusia county, for exercising the powers of a Justice of the Peace, without having observed the legal pre-requisites of qualification by taking the oath, &c.
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Appeal from the Circuit Court for Yolusia county. The appellant was indicted by the grand jury of Yolusia county, for exercising the powers of a Justice of the Peace, without having observed the legal pre-requisites of qualification by taking the oath, &c. The indictment was found after the adoption of the constitution of 1868. Appellant was tried before the Circuit Court, found guilty, and sentenced to pay a fine, that being the penalty prescribed by law for the offence charged; from which judgment he appeals. The Attorney General, in behalf of the State, now moves that the appeal be…
1Opinion of the CourtRardale, C. J.
The constitution confers upon the county court the “jurisdiction of all misdemeanors,” and upon the circuit court “ final appellate jurisdiction in all cases of misdemeanor.” Art. VI, secs. 8 and 11. The Supreme Court has appellate *671jurisdiction “ in all questions of law alone, in all criminal cases in which the offence charged amounts to felony.” See. 5. By the statute, all offences punishable by imprisonment in tlie State penitentiary are felonies, arid all other crimes are misdemeanors.
It is clear, from the provisions referred to, that if the offence charged is only a misdemeanor, there is…
2Cited by3 opinions
- Best v. State of FloridaSupreme Court of Florida · 1926
- Kennedy v. StateSupreme Court of Florida · 1876
- Licata v. StateSupreme Court of Florida · 1920