Gaston v. State

STURGIS, Chief Judge.

Appellant, defendant below, applied to the trial court to be adjudged insolvent pursuant to Section 924.17, Florida Statutes, F.S.A., and thus have the costs of his appeal from a criminal conviction borne by Marion County. This appeal challenges the findings and order of the trial court denying the application.

The evidence consists of appellant’s affidavit in forma pauperis and his oral testimony, upon which the trial court found (1) that appellant has an income of about $165 a month derived from his business, (2) that he has a substantial equity in his modern livable…