The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

payment of his fees. to the defend
ant or his attorney and to the pros
ecuting attorney, upon application
pers
Sec. 3O4. Failure of Clerk to Trans
INIT Appeal Papers as Required. Fail
ure of the clerk to transmit all the
vlded shall not prejudice the rights
of the parties. If the clerk fails
to transmit any of the papers the
appellate court or the trial court may
on its own motion. or shall on the
motion of either party, direct the
clerk to transmit such papers.
Sec. 305. Dismissal of appeal for
Failure to Prosecute-Ce Certificate of
Dismissal. The appellant court may
dismiss the appeal if the appellant
does not prosecute it as required by
rules of court. When an appeal is
dismissed. the clerk of the appellate
court shall file with the clerk of the
trial court a certificate stating that
the appeal has been dismissed.
Sec. 306. Appeals in Criminal
Causes to Have Precedence. All ap-
peals in criminal cases shall have
precedence over other appeals and
shall be placed first upon the calen-
dar for hearing. Appeals in causes
where sentence of death has been
imposed shall have precedence over
all other appeals.
Sc. 307. When argument Necessary.
Judgment may be affirmed without
argument if the appellant fails to
argue, but it may not be reversed
without argument by the appellant,
either oral or upon written brief.
Sec. 30S. What Appellate Court to
RaVInW IN Hmm q m onnnal hxI nj
the state or the defendant the appel
late court shall review all rulings
and orders appearing in the appeal
papers in so far as it is necessary to
do so in order to pass upon the
grounds of appeal. The court shall
also review all instructions to which
an objection was made and which
are alleged as a ground of appeal,
and the sentence when there is an
appeal thefefrom. The Court
may also in it's discretion, if it deems
the interests of justice to require,
review any other things said or done
in the cause which appears in the
appeal papers including instructions
to the jury. The reception of evil
dence to which no objection was
made shall not be construed to con-
stitute ruling by the court
90 Upon an appeal by the de-
PENDANT from the judgment the ap-
peliate court shall review the evil
dence to determine if it is insufficient
to support the judgment where this
is ground of appeal. Upon an ap-
peal from the judgment by a defend
ant who has been sentenced to death
the appellate court shall review the
evidence to determine if the interests
OF Justice require new trial. wheth-
er the insuficiencv of the evidence is
a ground of appeal or not.
Sec. 300. When Judgment Not to Be
Reversed or Modified. No Judgment
shall be reversed unless the appellate
court after an examination of all
the appeal papers is of the opinion
that that error was committed which
inluriously affected the substantial
rights of the appellant. 1t shall not
be presumed that error injuriously
affected the substantial right of the
appellant
Sec. $40. When Evidence Sustains
Only Conviction of lower Offense.
In case where the offense is divid-
ed into degrees or necessarily in
cludes lesser offenses, and the appel
late court is of the opinion that the
evidence does not prove the degree or
offense of which defendant is found
guilty. but does establish his guilt
necessarily included therein. then
the appellate court shall reverse the
Judgment of the trial court to enter
judgment for such lesser degree or
oHense necessarily included in the
charge and pass sentence according
ly, unless some other matter or thing
appearing in the record makes it adj
visable that new trial be had.
Sec. 311. Enforcement of Judgment
on Affirmance. When the judgment
against the defendant is affirmed.
court, from which the appeal was
taken
Sec. 312. What Order When Judg-
ment Reversed. When the judgment
is reversed. the appellate court shall
either order that the defendant be
discharged from the cause, or, if it
thinks proper, grant a new trial.
Sec. 313. What Order or Decision
When State Appeals. % When the
state appeals from an order quash-
ing an indictment or information or
any count thereof. or from an order
granting new trial, and any such
order is affirmed, the appellate court
shall direct that the trial court pro-
coed to carry such order into effect.
If an order quashing an indictment
or information or any count thereof is
reversed. the appellate court shall
direct that the defendant be tried on
the indictment or information. If
an order granting a new trial is re-
versed the appellate court shall direct
that the judgment of conviction be
entered against the defendant.
% When the State appeals from a
ruling on a question of law adverse
to the state the appellate court shall
decide the question of law raised on
such appeal.
Sec. 314. Whether Removal or
Cause When New Trial Ordered.
When the appellate court orders a
new trial. it shall direct that such
trial be had in the court from which
the appeal was taken, unless the de-
fendant applied in such court for
removal of the cause and the appeal
late court is of the opinion that the
trial court should have granted such
application. in which case the APP
pellate court shall direct in what
court the new trial shall be had.
Sec. 315. Rehearing. The appel
late court may order the rehearjng
of an appeal.
Sec. 316. Appellate Court Rules.
i. The appellate court may make
rules. consistent with the provisions
of this chapter, for regulating the
practice and procedure on appeals.
z. The appellate court shall pre-
scribe form of bond on appeal in
criminal cases and habeas corDns
cases and shall also prescribe the
form of certificate to be used bv a
court reporter in certifying the cor
rectness of his transcribed notes, end
g form for the clerk of the court in
certifying the record on appeal.
Sec. 317. Except as otherwise pro-
vided herein. magistrate, prosecuting
attorney. court reporter, stenograpn-
er or interpreter. Or other officer re-
CURED to perform any duty as pro-
vided herein. who wilfully fails. re-
fuses and omits to perform any duty
herein required of such officer to be
done and performed, or wilfuIly vio-
lates any of the provisions hereof,
shall be deemed guilty of a misde-
meanor and IIpon conviction shall he