The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-11-25
.HEAONOTES OF
SUPREME COURT
SOME RECENT DECISIONS HAND
ED DOWN IN CASES BROUGHT
BEFORE FLoRlDRs HIGHEST
TRIBUNAL.
speeraI to The seurnas.

Tallahassee, Nov. 24.-The following
decisions have been handed down by
the supreme court: 49,
II. H. Lewis, sheriff Of jackson
county, state of Florida. Plaintiff in
error, VS.. Nero Nelson, defendant in
error, Habeas Corpus, Jackson county,
Whitfield, C. J.
1. While habeas corpus is not a
remedy for relief against imprison-
ment under a warrant that charges a
criminal offense effectively or iartifi-
cially, yet it may be used as a remedy
where the offense charged does not
constitute a crime under the laws of
the state by reason of the statute I'M
der which the charge is made being
unconstitutional, or when the charge
wholly fails to allege a crime.
2. If a cause may be fully disposed
of without adjudicatfng constitutional
questions therein, the courts will gen.
orally ignore such questions and dis
pose of the case on other grounds.
3. A warrant charging that the de-
feLdant devising and intending 10 in
jure and defraud A, did by false prom
Use to perform labor for A, and with
intent to injure and defraud said A,
obtain from said A the sum of fifteen
dollars, lawful money, by then and
there falsely promising to begin work
for said A on a given day, and to con-
tinue work for said A until said sum
was repaid in full, which said promi-
ses were wholly false and untrue and
were known to be false and untrue by
the defendant, does not allege an Of
Tense under section $500 of the general
statutes of 1906.
Judgment affirmed
E. r. Blow, for defendant in error.
jackson County.
z. NJ. c. Baxter, ct al, appellants,
VS.. c. c. Liddon. appellee, Jackson
county, Shackelford, J.
1. Under the provisions of rule 49,
supreme court rules, adopted March
2, 1905 (page II of such rules prefixed
to 81 Fla. 81 South. Rep. Wild, no
objection will be allowed to be taken
in the appellate court to the admissi-
bility of any evidence, oral or docu-
mentary, found in the record in a
chancery cause, unless the record af-
Tentatively shows that the objection
thereto was presented to the chancel-
lor, and expressly ruled upon by him
in the court below, at or before the
final hearing of the cause. Every mat
ter purporting to be evidence, found
copied by the clerk into the record
in such acuse, will be presumed to
have been used in evidence in the
court below, unless the record af-
fimatively shows the contrary
2. While the findings and conclu-
sions of a chancellor, where the tes-
timony is to take before him, but be-
ofre a master or examiner, by reason
whereof he is not afforded an oppor-
tunity of seeing and hearing the wit
nesses, are not entitled to the same
weight as the verdict of a jury, yet
even in that case they should not be
disturbed by an appleate court, unless
they are clearly shown to be erroLeous.
3. In equity, as well as at law,
every presumption is in favor of the
correctness of the rulings of the trial
Judge, and a final decree rendered by
him, based largely and solely upon
questions of fact, will not be reversed
unless the evidence clearly shows that
it was erroneous.
Decree affirmed.
Thomas E. Walker, for appellants.
Paul Carter, for appellee.
Cannon Porter, plaintiff in error,-ys
The State of Florida, defendant in err
ror. Habeas corpus. Jackson county
Whitfield, c. ].
Where the charge upon which a de-
PENDANT has been convicted does not
constitute an offense within the iuris-
diction of the court to try, the de-
PENDANT may in habeas corpus pro-
ceedings be discharged from the SEN
tence; but if the defendant is also
in custody under a valid warrant for
his arrest, he may be held for COM