Thompson v. State

Supreme Court of Florida
Thompson v. State, 85 Fla. 86 (Fla. 1923)
95 So. 304
Browne, Ellis, Taylor, West, Whitpield

Thompson v. State

Opinion of the Court

Per Curiam.

In bastardy proceedings under the statute the judgment contains an item of $60.00 for incidental expenses attending the birth of the child. There is nc evidence to sustain this part of the judgment; therefore the judgment is reversed and the cause will be remanded for a new trial. See Flores v. State, 72 Fla. 302, 73 South. Rep. 234, as to testimony admissible in proceedings of this character.

Reversed.

Taylor, C. J., and Whitpield, Ellis and Browne, J. J., concur. *87West, J., specially concurs.

Concurring Opinion

West, J.

Concurring.

The reversible error in this record is in the judgment. Anterior proceedings are free from error. This error should not be given retroactive effect. The judgment should be reversed for proper judgment, not for new trial. Poyner v. State, 81 Fla. 726, 88 South. Rep. 762; Roberts v. State, 30 Fla. 82, 11 South. Rep. 536; Palatka & Indian River R. R. Co. v. State, 23 Fla. 546, 3 South. Rep. 158; Keech v. State, 15 Fla. 561.

Reference

Full Case Name
Everett Thompson, in Error v. The State of Florida, in Error
Status
Published