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

whether il be capital or not. either
in whole or in part, and shall him.
self make oath before the court or
the clerk thereof, and shall also
by creditible testimony establish sat
isfactorily to the court that he has
not property or other means of pay
ment either in his possession or UNI
der his control. and has not di-
vested himself of his property for
the purpose of receiving benefit from
this oath, and is also utterly unable
to enter into the bond required to
secure the payment of the judgment,
fine and costs. the appeal shall be a
supersedeas without such payment if
the defendant remain in custody, or,
in cases not capital, upon his enter
ing into bond with two or more suf-
ficient sureties. conditioned that he
shall be personally forthcoming to
answer and abide the final order, SEN
tence or judgment that may be pass
ed in the premises by the appellate
court. and also conditioned for his
appearance before the court in which
the cause was originally determined.
Sec. 294 Bail When State Appeals.
conviction of the defendant, a judge
of the trial court or a justice of the
appellate court may in his discre-
ton admit the defendant to bail as of
right
Sec. 295. When Operation of Or
der in Favor of Defendant not Stay
ed. An appeal by the State in no
case stays the operation of an or
der in favor of the defendant except
when the appeal is from an order
grantin~ a new trial.
Sec. 296. Duty of Court When
Breach of Undertaking. If defend
n urhn ic az m ho M
the appeal breaks the condition of
the undertaking that he will duly
prosecute his appeal, the appellate
court, in addition to declaring the
undertaking forfeited, may dismiss
the appeal and may remand the cause
to the trial court for such further
proceedings as are proper.
Sec. '297. Detention of Defendant
in Custody. if Bail Not Given. If
execution of the sentence is stayed,
but the defendant is not at large
on bail the official in whose custody
he is shall. upon receiving notice of
the stay of execution, keep him in
custod-- without executing the SEN
tence. to abide the judgment on ap-
peal.
Sec. 29S. Stay When Execution of
Sentence Already Commenced. If
execution of a sentence of imprison-
ment has commenced before a stay of
execution is ~'ranted, the granting of
such stay shall suspend the further
execution of the sentence, provided
the defendant may at his option, if
in custody serve his sentence during
the tendency of the appeal.
Sec. 299. TRANSFERRING and Filing
Notes of Stenooraphic Reporter Upon
Appeal by Defendant. When notice
of appeal is filed by the defendant
the trial court shall direct the stcrn-
graphic reporter to transcribe his
porter shall certify to the correct
ness of the notes and the transcript
thereof. and shall file the notes and
the transcript with the clerk. If the
prosecuting attorney or counsel for
the defendant questions the correct
ness of the notes or transcript the
question shall be settled by the court,
The defendant shall pay the costs
of such stenographic report, unless
he is insolvent, when the costs shall
be paid by the County.
Sec. 300. TRANSFERRING and Fling
Notes of Stenographic Reporter upon
Appeal by State. When notice of aE-
peal is filed by the state the trial
court shall direct the stenograpnic
reporter to transcribe such ;Iorton
of his notes of the proceedings as
the prosecuting attorney shall ST eciIy
in writing. If counsel for the de-
PENDANT is of the opinion that por-
lions of the notes of the proceed
ings specified by the prosecuting at
tOrney are not sufficient for a proper
determination of the appeal the rial
count at his request shall direct tie
reporter to transcribe such further
portions of his notes of the proceed
lngS as counsel for the defendant
shall specif The reporter shall GER
tify to the correctness of the notes
and the transcript thereof and shall
file the notes and an original and
certified. with the clerk. If the ,ros-
ecuting attorney or counsel Cor the
defendant questions the correctness of
the notes or transcript, the nu ton
shall be settled by the court. Tho
costs of the stenogrdphic report shall
be paid by the county
Sec. 301. Designation of and Trans
mission of Papers to Appellate Court
Upon Appeal from Judgment by De-
ing filed by the defendant, the clerk
of the trial court SHALL within 20
days thereafter, unless a longer time
is granted by the trial court. trans
init to the clerk of the appellate
court the appeal papers, which shall
consist of certified copy and two adj
ditional copies of the following: (a)
Notice of appeal; (b) All the plead
ings and any bill of particulars Co
All entries required to be made by the
clerk. including verdict and judgment
and sentence of the court; Id A
transcript of the stenographic re-
porter'S notes and copies of docu-
ments offered or received in evil
dence; te) Record of any proceed
ings upon the motion for a new trial
and copies of any af1idavits or oral
testimony received upon the hearing
of such motion. (f) The parties by
Clerk may designate the parts of the
records. proceedings and evidence to
be included in the record on appeal,
and may agree upon condensed
statement. in narrative form, on all
or part of the testimony.
(g) 1t shall not be necessary for
the record on appeal to be approved
by the trial judge. but if any diff
ference arises as to whether the rec
ord duly discloses what occurred, the
difference shall be submitted to and
settled by the court, and the record
made to conform to the truth. (h)
If anything material to either party
is omitted from the record on appeal
by error or accident, or is misstated
therein. the parties by stipulation, or
the trial court. either before or af-
ter the record is transmitted to the
appellate court, or the appellate
court on proper suggestion, or on
its own initiative. may direct that the
omission or misstatement shall be
corrected. and if necessary that a
SUPPLEMENTAL record shall be certified
and transmitted by the clerk. ID
Whenever the court is of the opin-
ion that original papers or exhibits
should be inspected by the appellate
court or sent to the appellate court
in lieu of copies, it may make such
order therefor. and for the safe
keeping. transportation, and return
thereof as it deems proper.
ID The clerk shall certify that the