Johnson v. State

Supreme Court of Florida June 15, 1910

Johnson v. State, 60 Fla. 18 (Fla. 1910)

Opinion of the Court

Per Curiam.

This cause having been duly considered, by the court, and Mr. Chief Justice Whitfield, Mr. Justice Taylor and Mr. Justice Hocker being of opinion that the *19judgment should be reversed, while Mr. Justice Shackle-ford, Mr. Justice Cockrell aud Mr. Justice Parkhill are of opinion that the judgment should be affirmed, and there being no prospect of a change of judicial opinion, the judgment should be affirmed on the authority of State ex rel. Hampton, v. McClung, 47 Fla., 224, 37 South. Rep., 51, and it is so ordered.

Reference

Full Case Name: W. D. Johnson, in Error v. The State of Florida, in Error
Status: Published
Syllabus: Where the members of the appellate court are equally divided in opinion as to whether a judgment on writ of error should be reversed or affirmed, and there is no prospect of a change of judicial opinion, the judgment should be affirmed so that the litigation may not be unduly prolonged.