(DOWNLOAD) "John Henry Roberts and John Alfred Adderley v. State Florida" by Supreme Court of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: John Henry Roberts and John Alfred Adderley v. State Florida
- Author : Supreme Court of Florida
- Release Date : January 12, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
O'CONNELL, Justice. Appellants are under sentence of death for a capital crime. The judgment and sentence imposing the death penalty were affirmed by this court in a prior appeal, 164 So.2d 817. By motion to vacate their sentences pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix they sought relief on the ground that they were denied due process and equal protection of law because the issue of guilt and recommendation to mercy were tried together. The trial judge evidently thought appellants were attacking the constitutionality of F.S. Sec. 919.23, F.S.A., which permits the jury to recommend mercy in a capital case, for he specifically upheld the validity of the statute in denying the motion to vacate.