Bailey v. State

Florida District Courts of Appeal
Bailey v. State, 173 So. 2d 708 (1965)
1965 Fla. App. LEXIS 4476
Carroll, Donald, Rawls, Wigginton

Bailey v. State

Opinion of the Court

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

While the appellant in his brief makes certain statements of fact which might, had they been properly alleged in a pleading and established in the record, have raised a justiciable issue, such facts are not so alleged or proved. Hence, since a brief is in no legal sense a pleading, it would be highly improper for us to consider such an issue based solely upon statements and arguments contained in the brief.

WIGGINTON, Acting Chief Judge, CARROLL, DONALD K., and RAWLS, JJ., concur.

Reference

Full Case Name
James BAILEY, Jr. v. STATE of Florida
Cited By
4 cases
Status
Published