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

/ is hereby required to receive the said
G. d. into his custod- in the COM
} mon Jail of said county, there to be
. confined and dealt with according to
this -. day of -. A. d. 10. 49,.
: (SeaD Justice of the Peace.
CHAPTER "a. APPEAL.
Sec. $50 Appeal only Method of
Review. Hereafter the only method
of reviewing the proceedings in a
prosecution by Indictment of infor-
nation. shall be bv appeal. Writs
of error as methods of review in
criminal causes and writs of certor-
ari ad adudendum are hereby abol-
ished.
Sec. PSI. Who May Appeal: An ap-
peal may be taken by the defendant
or by the State.
Sec. 282 Parties-How Designated.
The party appealing shall be known
as the appellant and the adverse
party as the appellee.
Sec. 2S3 AnpeaI Bv Anyone of
Several Defendants. When several
defendants are tried jointly, any one
or more of them may take an appeal !;
but those who do not join in the ap-
peal shall not be affected thereby
unless the appellate court shall de-
termine otherwise.
Sec. 284. Appeal as Matter of
Right: All appeal provided for in
this chapter may be taken as mat
ter of right.
Sec. 2S5. Appeal BY Defendant An
appeal may be taken by the defend
ant only from: (a) A final judgment
of conviction; (b) A sentence, on
the ground that it is illegal or ex-
cessive.
Sec. 286. Appeal by State. An
hn foI h.
from; (a) An order quashing an in
dlstment or information or any count
thereof; (b) An order granting a new
trial; tc) An order afresting judg-
ment; I'D ruling on a question of
law adverse to the State where the
defendant was convicted and appeals
from the Judgment; (e) the sentence
on the ground that it ie Illegal 81
Judgment discharging prisoner on ha-
beas cor~IS
Sec. 287. From What Court APP
peals Lie. Appeals lie to the Su-
preme Court from the Circuit Courts
in criminal cases in which said Cir
cult Courts have original jurisdic-
ton and from the Criminal Courts
of record in cases of felonies of
which said Criminal Courts of Rec
ord have Jurisdiction, and from the
Court of Record in and for Escambia
County in all criminal cases of which
jurisdiction is granted to said Court
of Record; and appeals lie to Circuit
Court in misdemeanor cases from
Criminal Courts. Court of Crime
Court of County Judge, Court of
Justice of the Peace and County
Courts.
Sec. 288. When Appeal to Be Taken
by Defendant. An appeal by the de-
PENDANT may be taken only within
so days after the judgment or sem
tence appealed from is entered ex-
cept that an appeal from both iudg-
ment and sentence may be taken
with 80 days after the sentence is
entered
Sec. 2S9 When Appeal to Be TAX
EN- by State. An appeal may be TAX
en- by the state only within 20 days
after the order or sentence appealed
from is entered,
Sec. 200. How Appeal Taken. %
An appeal may he taken onlv hv
filing with the clerk of the trial
court notice in writing stating that
the appellant appeals from a Jldg-
ment order. ruling or sentence, as
the case may be, and by serving a
copy of the notice of appeal. The
NOTICE of appeal, when taken by the
state. shall be signed by the prose-
cutting attorney for the county in
which the appeal is taken. or bv the
attorney general of the state. When
the appeal is taken by the defendant
the notice of appeal shall be signed
by him or his counsel. Appellee may
waive his right that an appeal has
been taken.
90 Within 60 days after the filing
of notice of appeal, the appellant
shall file in the trial court his grounds
of appeal. which shall state specif-
ically the rulings decisions, and or
ders of the trial court from which
the appeal is taken
CD Formal exceptions to rulings,
orders or charges of the court are
unnecessary; but for all PURPOSES for
which an exception has heretofore
been necessary, it is sufficient that q
party. at the time of the ruling,
order or charge of the court is made
or sought, makes known to the court
the action which he desires the court
to take or his objection to the action
of the court and his grounds there
for; and. if a party has no opportun-
ity to object to a ruling or order at
the time it is made, the absence of
an objection does not thereafter pre-
JUDGE him.
Sec. 291. Notice to Prosecuting At
torney When Defendant Appeals. If
the appeal is taken by the defend
ant. copy of the notice of appeal
shall be served on the prosecuting
dJlOTH6X Vi the III WHICH InG
judgment or sentence appealed from
was rendered, and the clerk of the
court shall Immediately send a GER
titled copy thereof to the Supreme
Court and to the attorney general,
when the appeal is felony case, anc
to the clerk of the circuit court and
state attorney in misdemeanor cases
appealed from Criminal Court, Court
of Crimes. and Justice of Peace
Courts. County Judges Courts and
County Courts.
Sec 292. Notice of Defendant When
State Appeals. If the appeal is talk
en- by the state. copy of notice of
appeal shall be served on the defend
ant. if his place of residence is
known or if he is imprisoned in the
county or. if not, on the counsel, if
any, who appeared for him at the
trial. if the counsel resides or prac-
tees his profession in the county. If
such notice cannot be served, after
due diligence. the trial court, upon
proof thereof. may make an order for
the publication of the notice in such
newspaper and for such time as it
deems proper. When the order for
publication is complied with the ap-
peal becomes perfected and the
clerk of the court shall Immediately
send a certified copy thereof to the
supreme court and to the attorney
general
Sec. 1884. Stay of Execution When
Defendant Appeals. When the defend
ant appeals either from the judgment
or the sentence. the execution of a
sentence of death is STAYED upon the
eng of an appeal. The execution
of a sentence other than death is
STAYED upon the taking of the appeal
and the defendant may be released
on bail in an amount to be fixed bv
the court and approved as it shall
direct.
Sec 293B. Bonds. How Taken. In
every case the bonds prescribed by
this Article shall be entered hefnre