People v. Davis

SHAW, J.

In this case the district court of appeal of the third district pronounced judgment affirming the judgment of the superior court against the defendant. This affirmance became final in that court on June 23, 1905. The defendant now asks an order that the. cause be heard and -determined by the supreme court. The authority for such action by this court is found in the following clauses of sec

[347]

tion 4 of the amendment of 1904 to article VI of the constitution :—■

“The said [supreme] court shall also have appellate jurisdiction in all cases, matters and proceedings pending before

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district court of appeal which shall be ordered by the supreme court to be transferred to itself for hearing and decision, as hereinafter provided. . . .

“The supreme court shall have power to order any cause pending before the supreme court to be heard and determined by a district court of appeal, and to order any cause pending before a district court of appeal to be heard and determined by the supreme court. The order last mentioned may be made before judgment has been pronounced by a district court of appeal, or within thirty days after such judgment shall have become final therein. The judgments of the district courts of appeal shall become final therein upon the expiration of thirty days after the same shall have been pronounced. ’ ’

It is not seriously claimed that the opinion of the district court of appeal is erroneous in its statement of the law. The claim is, that that court has erroneously decided that the record before it shows that upon the trial evidence of certain facts was first introduced in the case by the. defendant, and consequently that he could not complain of it,- whereas, as defendant claims, the record shows that the facts had been previously referred to by witnesses for the prosecution in direct examination. There is thus presented for the first time the question how far this court will go in the exercise of its revisory power over the decisions of the district courts of appeal. It will be conceded that this power is not given for the purpose of correcting mere errors in matters of fact not determinative of the case. But the question is: Shall this court devote itself to the correction of alleged'errors of fact by the district courts of appeal which are. important only to the decision of the particular case in which they are made and to the rights of the particular parties there concerned?