Supreme Court of Florida, 1929

Burns v. State

Supreme Court of Florida · Decided February 19, 1929 · Terrell, Whiteield, Bueord, Long

120 So. 360; 97 Fla. 232 (Southern Reporter)

Cases that cite this one

4 later published cases cite this decision.

Corn v. State (Fla. 1976)
Cancela v. State (Fla. 1941)
Craig v. Noel (Fla. 1933)
Anderson v. Chapman (Fla. 1933)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*233 Per Curiam.

In this case we find no reversible error revealed by the record to have occurred during-the progress of the trial of the cause, but the record discloses that there was" no adjudication of defendant’s guilt. Therefore, there was no judgment of conviction upon which to base a sentence of imprisonment or otherwise. Aside from this, we deem the language used in imposing the sentence inadequate. See Harris v. State, 75 Fla. 527, 78 So. R. 526; Timmons v. State, filed January 18, 1929, reported 119 So. R. 363; Mathis et al., v. State 67 Fla. 277, 64 So. R. 944.

Reversed and remanded for a proper judgment.

Terrell, C. J., and Whiteield and Bueord, J. J., and Long, Circuit Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.