The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-02-23
MINER TELLSSUPREME COURT
ADVANTAGES TO BACKS DECREE
SERVICE MEN OF SUWANNEEI
Especial 10 The JournaI.)


| Tallahassee Feb. 22.-The supreme
court has affirmed the decree of the
! circuit court of Suwannee county IN
the case Of T. :. Anderson. ct al ap-
pellant, c, a Howell, appellee.
Memorandum decision. Charles )
Adams for appellant; c. c. Howell, for
appellee
The court has affirmed the decree
OF the circuit court for Okalocsa
county in the case of Jesse =. Powell,
appellant, vs.. Susanna Powell. appel
lee. Opinion by Judge West. ] T.
Virgins for appellant; no appearance
for appellee
The court has affirmed the decree
Of the circuit court for Bradford coun-
~ in the case OF p. o. Nail. ct al. ar
pellant, vs.. S S. Browning, appellee
Opinion by Judge Ellis. MacWil-
liams and Bassett for appellant; J. z
Futch and A. Y. Long for appellee
The court has reversed the decree
Of the circuit court for Santa Rosa
county IN the case of A. p. LoncrgaD
ct al, appellants, VS.. ]. o. PEBBLES. ct
al appellee Opinion by Judge Ellis.
II. S. Laird and Smith & Wilkinson.
for appellant; Watson & Pasco for
appellee.
There recently appeared IN one Of
the state papers a statement that
criminal case recently tried which had
attracted widespread attention, had
been opea1ed to the supreme court
and nat II would probably no be lie
cided by that court for more than a
year. Such statement gives an err
roneous impression. The supreme
court has never been behind in con-
sidering and disposing of criminal
cases. and extended delays in the final
disposition Of criminal cases seldom
occur from appeal to the supreme
court. such cases are always given
the right of-way and are taken up,
considered and disposed Of by the
court as soon as all briefs Of counsel
have been filed The law fixes ana
limits the time in which cases are TO
be made returnabie to the supreme
court and the rules OF the court tx
and limit the time within which briefs
are to be filed.
It Is true that the supreme court
cannot even consider criminal cases
or any other eases on the merits un-
til au the briefs OF counsel have been
filed, because not until then IS the
case fully submitted TO the court. It
is also true that occasionally the coun-
sci in charge of cases, through mutual
agreements which are recognized, con-
sent to the extension of the time with
IN which the record and the briefs
may be filed in the supreme court. and
some times these agreements of coun-
sci delay the final hearing Of a case
for several months. This delay, how
ever is in no sense chargeable to the
court, for as stated, the court does not
even consider any case until II IS fully
submitted upon briefs.
An illustration Of the cause OF the
occasional delay in the final dispost-
ton of criminal cases appealed to the
supreme court IS furnished by the en-
bezzlement case of John T.. Branch,
former tax collector of Hillsborough
county. Mr. Branch was CONVICTED
and sentenced in HNlsborough county
in September. 1917. His appeal to the
supreme court was made returnafle
in that court December 4, 1917
Through agreements between his
counsel and the counsel representing
the state. the record in the case was
not filed in the supreme court until
August ;. 1918. eight months after IL
was due there Through further
agreements of counsel the case w2s
not fully submitted to the supreme
court upon briefs until October Il,
1918 Ii VIII be remembered thai i
was then promptly taken up and soon
=