The Key West Citizen Newspaper, September 7, 1939, Page 6

ee Mibe court st p one of the Sec. 107. Definitions. In this chap- sults, shall be invalid or insufficient defendant. the court shall order the defendant learns after he has plead- with diligence; and until the Su- signed and transferred shall not propound pertinent questions to the Gurors to remi ter for the reason that two or more of prosecuting attorney to furnish the ed or has moved to quash on some preme Court has disposed of the prejudice against the party making juror after such examination of the ther of the juror: (a) The singular number includes such acts, means, intents or results names of such witnesses. other ground that the offense with appeal. no compensation shall be the suggestion in the first instance court. man of the absence of the the plural and the plural includes are charged in the disjuncttive or CHAPTER 7. Proc Upon In- which he is now charged is an of- allowed to such counsel. If coun- or in favor of the adverse party, (2) If the court after the exami- forer the singuldt. alternative. dictmeht and Information. ~ fense for which he has been par- sel first appointed is unabie, for unless such judge shall admit and nation of any juror is of the opin- Discharge and Recall of | (b) The masculine gender includes Sec. 120. Indirect Allegations. No Sec. 130. Capias and Amount of doned, or of which he has been con- any reason, to perfect and prose- hold that it is then a fact that he, jon that he is incompetent the court When the grand jury the feminine and neuter genders. indictment or information shall be Bond. Upon the filing of an indict- victed or acquitted or been in jeop- cute the appeal, the court may re- the said judge, docs not stand fair shall oxciee hing feo the teint sot court shall have been (c) The words “‘nerson,”’ ‘‘defen- invalid or insufficient for the rea- ment or information, if the person ardy or for which he has been grant- lieve him from such duty, but shall and impartial ‘between the parties the cause. If, however. the court the court is ad- dant” and similar words include, un- son that it alleges indirectly and by named therein is not in custody or ed immunity the court may in its appoint other counsel for such pur- and if such judge shall hold, rule Goes not excuse the juror, either ithout day, they may be less a contrary intention appears, inference or by way of recital any at large on bail for the offense discretion entertain at any time be- pose. When counsel so appointed and adjudge that he does stand fair party may then challenge him, as to attend again in the a public or private corporation. matters, facts or circumstances con- charged, the judge shall direct the fore verdict a motion to quash or by the court, in capital cases, com- and impartial as between the par- hereinafter provided. uch t the court (d) the term “act” includes omis- nected with or constituting the of- clerk issue immediately or when motion for directed verdict on the pletes the duties imposed by this ties and their respective interests, Sec. 181. Grounds for Challenge to r the disptach of any sion to act. fense, provided, however, that such so dirceted by the prosecuting at- ground of such pardon, conviction, section, it shall be the duty of such he shall cause such ruling to be Individual Jurors for Cause. A chal. before them. (e) The word “property” includes indictment or information contains torney, a capias for the arrest Of acquittal, jeopardy or immunity. counsel to file a written report as entered on the minutes of the court, Jenge for cause to an individual rand Jurors. matter or thine other than a sufficient facts directly and clearly such person. The judge upon the See. 154. Form of Plea—TFailure to the duties performed by him, and and shall proceed to preside as juror may be made only on the shail pre son, upon or in respect to which alleged and charged to constitute the filing of the information or indict- to Enter of Record. Every plea apply for discharee by the court. judge in the pending cause. The ground: s of all the any offense may be committed. offense being charged in such indict- ment, shall indicate the amount of shail be pleaded orally in open court The compensation of counsel for ruling of such judge may be review- “(s)"That the juror has not the grand jurors, (f) The words “indictment,” and ment or information. bail. if the offense is bailable. in and shall be immediately entered the Defendant, at the trial, shall ed by the appellate court, as are qualifications required by law. empaneled, the “information,” unless a contrary in- Sec. 121. Libel. No indictment or in- which case an endorsement shall be of record: but a failure so to enter not exceed $100.00; and Defendants other rulings of the trial court. (b) That the juror is of unsound | be administered tention appears, include any count formation for libel shall be invalid made on the capias and signed by jt shall not affect the va idity of any counsel's compensation on appeal, Sec. 172. Removal of Cause. (1) mind or has such defect in any or- thereof. or insufficient for the reason that it the clerk, to the following effect: proceeding in the cause. shall not exceed $100.00 additional, On a procecution by indictment or gan of the body as renders him in- jurors for the body | tg) The terms ‘‘witting” and does not set forth extrinsic facts for The defendant is to be admitted to " Sec. 144. Plea of Guiliy—Presence — Sec. 158. Trial Pending Writ of information the State or the defen- Capable of performing the duties of do solemnly ritten” include words printed, the purpose of showing the applica- bail in the sum of ......dollars. of Defendant. Except where the de- Habeas Corpus. Whenever in any dant may apply for removal of the a juror. case m painted, typed, engraved, lithograph- tion to the party alleged to be libel- Sec. 131. Summons ‘May Be Is- fendant is a coporation, a plea of criminal Prosecution, a writ of Hab- cause on the ground that a fair and (ec) That the juror entertains inquire, ed. photographed or otherwise cop- led of the defamatory matter on sued for an Individual—Wher. When guilty to a charge of felony shall eas Corpus is apphed for, by any impartial trial can not be had for such conscientious convictions as of all ied, traced or made visible to the which the indictment is founded. an indictment has been found or not be accepted unless the defend- person charged with any’ criminal anv reason other than the interest a4 would preclide his finding the hall be eye Sec. 122 (a) Perjury and Kindred an information filed against a person ant is present offense. and the accused shall have or prejudice of the trial judge. — Gefendant guilty. nsel of (h) The term “‘the court,” unless a Offenses. No indictment or infor- charging a misdemeanor only if he ~ Sec. 145. Plea of Guilty of Lesser been remanded to custody by the __ (2) In all criminal cases pending ~(q) That the juror served on the r fellows and contrary intention appears, means mation for perjury, or for suborna- is not in custody or at large on bail Ojfense or Lesser Degree. The de- court to which such application is in any of the criminal courts of rec- grand jury which found the indict- et, un- the court before which the trial is tion of. solicitation of, conspiracy or for the offense charged, the court or fendant, with the consent of the made, a supersedeas of such order ord in any county in this state, ont cr on a coroner's jury which same t attempt to commit perjury shall be a judge thereof shall direct the clerk court and of the prosecuting attor- made upon appeal being taken to changes of venue may be had and jnquired into the death of a person shall (i) The term “prosecuting attor- invalid or insufficient for hte reason to issue a summons instead of nev, may plead guilty of any lesser the appellate court, shall not pre- granted upon the same terms and for whose death is the subject of the ed, or ney"' includes the prosecuting officer that it does not set forth any part warrant, if the court or judge has offense than that charged which is clude the State from proceeding with the same reasons and grounds and j\djetment or information, hall you leave any of any court in the state, his assis- of the records or proceedings with reasonable ground to believe that the included in the offense charged in the the prosecution and trial of the ac- in the same manner as is now pro- (a) ‘That the ji for love fa- tants. and attorneys appointed by which the oath-was connected, or the person will appear in response to a jndictment or informtaion, or of any cused pending the decision in such vided by law for changes of venue formerly sworn to rd, or hope there- the court to act in the place and commission or authority of the court summons. lesser degree of the offense charged. matter of habeas corpus by the ap- in causes pending in the circuit on the same charge. ent things truly ad of the prosecuting attorney. or other official before whom the | Sec. 132. Summons to Be Issued “Sec. 146. Effect of Plea of Guilty pellate court, but in such cases the courts. When any change of venue “\f) That juror your Knowledge, Sec. 108. Caption Commencement perjury was committed or was to When Defendant is a Corporation. of an Offense Divided into Degrees. State may procede with the prose- is granted in any cause any such jury which tried another pers tof your under- — amendment. (1) Whenever an ob- have been committed, or the form When an indictment has been found Where an indictment or information cution and trial of the accused in criminal court of record in some ad- far the ulfense charged in the in- you God.’ jection is made that an indictment of the oath or affirmation, or the or an information filed against, a charges an offense which is divided the same manner as if an appeal joining county, if there be one, but gictment or information of Court. After or information does not contain a manner of administering the same. corporation the court or a judge into degrees, without specifying the had not been taken in the habeas if there shall be no criminal court “(sy hat the juror served as a » sworn the Court caption or commencement. a caption Sec. 122 (b) Indictments in Fel- thereof shall direct the clerk to is- degree, a plea of guilty which does corpus proceeding. Should the ac- of record in any adjoining county, jurcr in a civil action brought. as cerning their may be prefixed to, and a commence- onies. It shall not be necessary to sue a summons to secure its ap- not specify any degree is a plea cused be convicted, however, of the the venue shall be changed to the jor 1h @ civil denon Drow aot ment may be inserted in, the in- allege in an indictment that the of- pearance to answer the indictment of guilty of the highest degree of charge, then in that event, the court circuit court of some adjoining coun- Sherwod as an offense rand Jur- dictment or information; ‘and any fense charged is a felony, or felon- or information the offenses charged shall withhold imposition of sen- ty: Provided, that the venue in ““(h) That the juror is a party ad- the court, defect, error, or omission in a cap- ious or done feloniously, Sec. 133, (a) Disposition of De- “Sec, 147. Plea Guilty of an tence and final judgment until the cases of misdemeanor shall be yerse to the defendant in a civil rand jury shall or commencement may be am- any indictment or complaint fendant der Arrest If the de- Offense Divided into Degrees—De- pellate court shall have deter- changed to the county court of some action, or has comp ed against or and perform led as of course, at any stage of quashed or deemed invalid b; fendant is not bailabl respect of termination of the Degree. Where mined the issues presented in the adjoining county, if there be a coun- }ecn accused by him in a criminal proceedings, and after moving of the omission of the words “‘fel- offense design: in the cap- an indictment or information char- matter of habeas corpus. ty court therein. Upon such change prosecution. to quash or pleading to the merit: “felonious” or ‘“feloniously.” then on being arrested he pes an offense which divided into | Sec. 159. Trial of Person in Cus- the original papers in the cause, to- ~ (ij) That the juror is related by appoint one (2) It is unnecessary to allege that — Sec. 122 (c) Intent to Defraud— shall be immediately delivered into rees without specifying the de- tody. When an indictment has been gether with a certified copy of the plood or marriage within the third clerk, who shall the grand jurors were impaneled, How Alleged. When an intent to the custody of the sheriff of the . if the defendant pleads guilty returned or an information filed for order changing the venue shall degree to the defendant or the at- prc 3 worn or charged, or that they pre- defraud is required to constitute any county in which the indictment or generally the court shall, before ac- a fleony and the accussed be in forthwith be forwarded by the Clerk {orneys of either party or to. the E sent the indictment upon their oaths offense, it shall be sufficient to al- information is filed. If the defen- Copting the plea, examine witnesses custody, the court shall cause him to the court to which such venue person allered to be injured by the or_ affirmations. lege in indictment an intent to dant is bailable. he shall be allowed to determine the degree of the of- to be arraigned and tried at the is changed, and he shall preserve Gfrense charged or on whose com- Sec. 109. Conclusion. The indict- defraud, without naming therein the liberty upon giving bond fense of which the defendant is same term during which said indict- in his office certified copies of all plaint the prosecution w ituted. ment or information need contain no particular person or body corporate amount designated on the capias. guilty, ment or information is filed, unless such original papers so transmit- " (j) That the juror he formal conclusion. intended to be defrauded, and on the Sec. 133. (b) Criminal Cases See. 148. Plea of Guilty—Determi- good cause be shown for a continu- ted. _ E mind in reference to the cause or to Sec. 110. Subscription and Veri- trial it shall be sufficient, and shall Circuit Court to Be Tried First. All nation of Punishment. Where the ance. Sec. 173. Application for Removal the defendant or to the person. al- fication of Information. (1) All in- not be deemed a variance, if there cases on the criminal docket at ¢ defendant pleads guilty to an indict- CHAPTER 10. Jurisdiction and of Cause—How and When Made. jeged to have been injured by the of- ore said formations shall be subscribed by appear to be an intent to defraud term of the circuit t shall ment or information, if the court ac- Venue. The application for removal of the gense charged, or to the person on » the testimony has the prosecuting attorney, and veri- the United States or any State, coun- tried first, if the can be cepts the plea and has discretion as Sec. 160, Offense Committed Else- cause shall be in writing and shall whose complaint the prosecution was fied. as above m~rovided, shall be ty, city, town or parish, or any tried, without injury to the inter to the punishment for the offense, where But Consummated Here. ba filed not less than ten (10) days jnstituted, which will prevent him nent of Interpre- made or entertained after moving to body corporate, or any public offi- of the State or of the prsioner, and jt may hear witnesses to determine When the commission of an of. before the trial of said cau from acting wiht impartiality; but acting foreman, quash or pleading to the merit cer in his official capacity, or any cases presented during the term by what punishment shall. be imposed. fense committed elsewhere is con- g00d cause be shown for tl the formation of an opinion or im- hall appoi Sec, 111. Form of Indictment. co-partnership or members’ thereof, the grand jury may be tried, if “Sec. 149. Plea of Guilty—With: summated within the boundaries of ure to so file same within stich pression regarding the guilt or ine swear him not The Indictment may be in substan- or any particular person, proper, at any time during the same 11 of. The court may: in its this State, the offender shall be li- time. It shall state the ground or hocense of the defendant shall not mony or the tially the following form: In the Sec. 122 (d) Receiving Stolen term. at any time before sen- able to punishment here, though he grounds on which it is based and of itself be sufficient ground of chal- s except when (state name of court) the ...... day Goods. In prosecutions for the of- CHAPTER 8. Arraignment nce permit a plea of guilty to be was out of the State at the commis- Shall also state the fact or facts‘ Jenge to a juror, if he dec of <-:+, 19... The State of Florida fense of buying, receiving, or aiding Sec. 134. Arraignment of Defend- withdrawn and, if judgment of con- sion of the offense charged, if he constituting the ground or grounds. {} surt is satisfied, tha nd Jurors. versus A. B.... In the name in the concealment of stolen prop- ant——How Made. When an indict- viciion has been ‘entered thereon, consummated it in this State thru When made by the ate, it shall be an impartial verdict accordit juire into and by the authority of the State of erty, known to have been stolen, it ment has been found or an informa- set aside such judgment, and allow the intervention of an innocent or Verified by affidavit, of the prose- to the evidence. ithin the coun- Florida; The Grand Jurors of the shali not be necessary to aver, nor fion filed against a person. he s a plea of not guilty, or, with the guilty agent, or byother means pro- Cuting attorney: when made by the (x) That the juror was a witne: rson has been County of . ++. charge that A. B. on the trial thereof to prove, that before he is put on trial for 2 consent of the prosecuting att ceeding directly from himself, and defendant, it shall be verified by his either for the State or the defend- an indictment has (state offense). the person who stole the property offense char; n ney, allow a plea of guilty of a the jurisdiction in such case, unless affidavit and when the defendant is ant on the —reliminary examination ation — See. 112. Form of Informations. The has been convicted. having the ch t lessor included offense, or of a lesser otherwise provided by law shall be represented by counsel, said affidavit before the grand jury or is to be | other information may be in substantially — Sec. 122 (e) Embezzlement. In by the Prosecuting Attorney in open degree of the offense charged, to be in the county in which the offense shall be accompanied’ by a certifi- witness for either party at the ‘thin the the following form: In the (state prosecutions for the offense of em- court and by being called upon to substituted for the plea of guil Was CORUM ated: cate of counsel of record that said trial. name of court) the (lay of....... bezzlement, fraudulently taking or plead thereto. If the defendant so _ Sec. 150. Plea of Guilty—Before Sec. 161. Offense in or Against affidavit and application are made (1) That the juror is one of the 19..... The State of Florida vs. A. secreting wiht intent to embezzle or demands before he pleads, the in- Indictment or Information Filed. If Aircraft. Any person who commits in_good_faith. : . sureties on defendant's bait bond in B In the name and by t convert the bullion, money, notes, dictment or information 2 person who has been held to an- an offense in or against any air- Sec. 174. Service of Cony of Appli- the cause. authority of the State of Florida: X. pani notes, checks, drafts, bills of read to him by the Prosecut swer for an offense desires to plead craft while it is in flight over this cation for Removal of Cause. Upon — Sec. 185. When Challenge to In- x. (title of prosecuting officer) for exchange, obligations, or other se- torney. An entry 07 the arraing- guilty thereto before he has been state may. be tried in this state. the filing of an application for re- qiyidual Juror to Be Made. A chal- the county of charges that A. curities for money of any person, ment all be made of record. informed against he may so inform The trial in such case may be in Moval of the cause a copy thereof Jenge to an individaul juror may except B._ (state offense) bank, incorporated company, or co- _ Sec. ailure to Arraign a diction of the any county over which the aircraft 8nd a copy of any supporting affi- be made only before the juror is the pros. s 113. Bill of Particulars. The partnership. by a cashier or other Irregulatrity of Ar y whereupon the court shall passed in the course of such flight. davit shall be served upon the other sworn to try the cause, except that hogr court, on motion, may or the er, , agent, or servant of Of. Neither a raign ni -t ‘the prosecuting atorney Sec, 162. Place of Trial Generally. Party prior to the hearing of the ap- the court may for good cause permit preter, if prosecuting attorney to furnish a bill such "person, bank, incorporated an’ irregularity he arraignment an information charging the de- In all criminal prosecutions the Plication. it to be made after the juror is ef particulars, when the indictment company or co-partnershin it shall shall effect the validity of any fendant with such offense, and, upon trial shall be in the county where Sec. 175. Duty of Judge Upon Ap- sworn but before any evidence is or information fails to inform the be sufficient to allege generally in eceding in the cause if the defer of such inforn 5 the offense was committed unless plication for Rcinoval of Cause. presented. defendant of the particulars of the the indictment the embezzlement, ant pleads to the indictmen i ignment thereon, the def nt otherwise provided in this» Code. Where the application is made for | Sec. 186 . How Challenge to In- offense sufficiently to enable him to fraudulent conversion, or taking formation or proceeds to trial may ple: ilty thereto. Sec. 163. Where Accessory in One removal of the cause the court shail dividual Juror to Be Made. A chal- prepare his defense. with such intent, of money to a cer- out objection to such failure or Sec of Guilty—After County and Offense Committed in hear the application and shall grant lenge to an individual juror may be °. 14. Name of Person Other tain amount. without specifying regularity. Indictment or information Filed. If Another. Where a person in one or refuse it after considering the oral. When a juror is challenged for Than Defendant. (1) In an indict- any particulars of such embezzle- Chapter 9. Motion to Quash. a person who has been indicted or county aids, abets or procures the facts set forth therein and the affi- cause the ground for challenge shall i r ment, information or bill of par- ment, and on the trial, evidence may Sec. 136, Standing Mute or Plead- informed against for an offense, but commission of an offense in another davit accommpanying it and any be stated. : when requested ticulars it is sufficient for the pur- be given of such ‘embezzlement, ing Evasively—Failure of a Corpo- who has not been arraigned, de- county he may be tried for the of- other affidavits or counter aitdacity See 187, How Challenge to Indi- pose of indentifving any person oth- fraudulent conversion or taking with ration to Appear. If the defendant sires to plead guilty thercto, he may fense in either county. that may be filed after hearing any vidual Juror to Be Tried, Challenges hall not, in its er than the defendant to state his intent, committed within the statu- is a corporation and fails to appear so inform the court having jurisdic Sec. 164. Where Offense Commit- witness produced by either side. If to an individual juror shall be tried creatter, restrict true name. or to state the name. ap- tory period of limitations; and it or if any defendant st mute or tion of the offense. and such court ted Partly in one and Partly in An- the court grants the application it by the court. ne westigation pellation or nickname by which he shall be sufficient to maintain the pleads evasively a plea of not guilty shall as soon as convenient, arraign other County. Where several acts shall make an order removing the Sec. 188. Examination of Wit- h the 1 jury has been or is known, or if no bet- charge in the indictment, and shall shall be entered of record. the defendant and permit him to are requisite to the commission of the proper court of some ness on Trial of Challenge to In- inquire into. ter way of identifying such_ per: not be deemed a variance, if it be Sec. 137. Time to Move to Quash plead guilty to the indictment or in- an offense, the trial may be in any h convenient county where a dividual Juror. Upon the trial of a ecutin, is practicable, to state a fic proved that any bullion; money, or Plead. Either prior to or upon fermation a : county in which any of such acts fair and impartial trial can be had. challenge to an individual juror for rn name, or to state the name of an notes, check, draft, bill of exchange being arraigned, the defendant sh . 152. Plea of Not Guilty—Its oceur. .p5ec: 176. Proceedings on Removal, cause the juror challenged and any % attorney office or position held by him, or or other security for .money of unless thescourt grants him tu erat in Deni A plea of not Sec. 1165. Where Person in One if Defendant is in Custody. If thé other material witness produced by vrs for the to destribe him as “a certain per- such person, bank, incorporated com- time,,.either move to quash suilty is a denial of every material Couniy, Commites Offense in An- defendant is in custody, the order the partics shall be oxammed on oath tmesses in son.” or, by 'WOfds of similar import, pany or partnership of whatever dietment,..or information _ or allegation in the indictment or in- other, Where a person in one coun- shall-direct that he be forthwith de- by the court and may be so exam. siving grand or in any other manner. In stating amount was fraudulenty embezzled, thereto, or do both. {f he moves formation. ty commits an offense in another livered to the custody of the sheriff jned by either party. regarding any the true name of such person or converted or taken with intent by to quash, without also pleading . 153. Defense of Alibi and In- county the trial may be in either of the county to which the cause is s umber of Peremptory them, He shall’ the name by which such person has such cashier or other officer, clerk, the motion is withdrawn or. over- sanity—Notice, 1. Whenever in any county. removed. . State and the de- i é been or is known, it is sufficient agent or servant. within the said ruled he shall immediately plead. criminal case, it shall be the inten- Sec. 166. Where Offense Commit Sec. 177. Order of Remo: Re- t shall each be allowed the uror tav- to state a surname, or a surname perjod of six months. 5 . Certain Pleas Abolished tion of the defendant to rely upon ted on Railroad Train or other Ve- cording and Transmisgion. The following number of peremptory , If 8 and one’ or more igiven/nsmes, or © 5° ipo Gq). miabeaslomunt Al: to Quash Substituted. the defense of insanity, no evidence hicle. Where an offense is com- clerk shall enter on the minutes the challenges: ” reason to surname and one or more abbre leging Ownership. If the. property aS to an indictment or informa- offered by the defendant for the pur- mitted on a railroad train or other order of remvoal and shall trans. (a) Ten, the offense charged is offense, tions or initials of a given mame or (OOien oe caine enbensied belongs tien, other than pleas of nolo con- pose of establishing such insanity, public or private vehicle while in mit to the court to which the cause is punishable by death or imprisonment been names to several persons or members of a tendre, guilty, or not guilty, are shail be admitted in such ease un- the course of its trip the trial may removed a certified copy of the or- for lif It is sufficient for the purpose Ocseeral Persons or members of @ hereby. abolis less advance notice of such defense be in any county through which such der of removal and of the record (b) Six, if the offense charged is cf describing any group or associa- ghall be sufficient in the indictment _ All defenses heretofore available to shall have been given by the defen- train or other vehicle passed during and proceedings and of the under, a felony not punishable by death: or tion of persons not incorporated to or information to alleze the owner. % defendant plea, other than dant as hereinafter provided. _ such trip. ., takings of the witnesses and of the imprisonment for life. state the proper name of such group ship to be in any one or more of Pleas of nolo contendere and not If, the defendant upon arraign- — Sec. 167. Where Offense Commit- accussed. if any (c) Three, if the offense charged is or association, or to state any name any such persons’ owners or mem. Builty, shlal her be taken only ment, or prior thereto, notifies the ted on Vessel. Whene an offense is Sec. 178. Duty of Witnesses. Where @ misdemeanor. Grand Jury of or designation by which the group hers, or in the society, association PY motion to quash the indictment court that he will rely upon insanity committed on board a vessel in the the cause is remeved to ances (a) If two of more defendants are Indict in Other or ciation has been or is known or partnership by its name. or information, whether the 2¢ As one of his defenses, then the court course of its voyage, the trial may court the witnesses who have enter. jointly tried each defendant shall be t udge shall or by which it may be identified, or ~ g, 1 (g) Evidence in Prosecu- Telate to matters of form or will hear the parties and require the be in any county through which the ed into undertakings to appear at allowed the number of peremptory 1expedient to state the name or names of one tion for Forgery or Counterfeiting, St@nce. formal acquittal, for defendant to file, within such time vessel passed during such voyage. the trial shall, on notice of such re- challenges specified above and in ry in any county or more persons in such group or as- tm prosecutions for forging or coun- Jeopardy, or any other defense which as 1 be fixed by the court, a bill Sec. 168. Where Injury Inflicted moval, attend the court. to such case the State shall be allow- ilicient number of sociation, referring to the other or defies mans for forging or coun- which heretofore s raised by of particulars showing as nearly as in One County and Death Occurs the cause is removed at the time ed as many challenges. as are al- therein, or on ac- others ag “another” or vothers.” ferfcitime motes, or bills of banks. OF Diag. he can the nature of insanity he ex- in Another. Where a person inflicts specified in the order of removal, lowed to all of the defendants. ue excitement or (3) It is sufficient for the purpose in payment’ as. true, any forged or y,5°¢: 189. Motion to Quash Oral or pects to prove and the name, or an injury upon another Person in A failure so to attend shall work a ec. 190. Effect of Sustaining > people, it shall of describing a corporation to state. counterfeit bank bills or notes. oe Written. () The mot names, of the witness, or witnesses, one tcunty from which the injured forfeiture of the undertaking Nenge to Individual Juror. If nd ju of the rporate name of such cor for being possessed thereof with in- if court reporter E y by bm he expects to prove such person dies in another county, the Sec. 179. Proceedings Where $ a challenge to an individual juror is nit, ¢ ration. or any name or designation tent to utter and pass the same as Pe made orally, otherwise it shail insanity. i BE trial for the homicide may be in eral Defendants. If there are sustained he shall be discharged hich the by which it has been or is known, true, the testimony of the president be in writing, signed by defendant 2. Upon the filing of said bill of either county. defendants and an order is made re- from the trial of the cause. ndge of or by which it may be identified, and cashier of such banks may be 9 his attorney. It shal! specify dis- particulars by the defendant, upon — Sec. 169. Where Stolen Property moving the cause on the application Sec. 191," Number of Alternate y in without an averment that the corpo: spensed with, if their place of res- tnctly the ground of objection re- motion of the prosecution, of the Brought Into Another County. Where of one or more but not allof them, Jurors. (a) Twelve men shall con- ited, to ration is a corporation or that it was Gutlof the Site or mars led on. If lly, the cc court, after hearing. may cause the a person obtains property by lar- the other defendants shall be tried stitute a jury to try all capital cases, ommit- incorporated according to law y miles from the place of TePorter will nscribe the same, defendant to be examined in the ceny, robbery, false pretense or and all proceedings had against them and six men shall constitute a jury ioned (4) In no case it is neces: to trial: and the testimony of and_ file with the cl When presence of attorneys for the State embezzlement in one county and in the county in which the cause is to try all other criminal cases. such ‘aver or prove that the true name of {ual: and the testimony 0 made in writing it shall be first filed and for the defendant, by one or brings the property so obtained into pending in all respects as if no (b) Whenever in the opinion of certi- berson, group or association of of such president or cashier, or who With the clerk, before argument, more disinterested qualified experts, any other county or counties, he may der of removal had been made ss to the court.a trial is likely to be a county persons or any corporation is un- has knowledge of the difference in 2%d a copy served on the p not exceeding three, appointed by the be tried in the county in which he any defendant. protracted one, the presiding judge mitted and known to the grand jury or prose- the appearance. of the true and 128, attorne & Court, at such time and p as obatins the property or in the other Sec. 180. Duty of Prosecuting At- of such eourt may direct that one had in such cuting attorney. counterfeit bills or notes of such ¢,{2 Such motion to qu y may be designated in the order of county into which he brings it. torney and Court to Which Cause or two jurors, in addition to the reg- removal (5) If in the course of the trial the banks may be admitted to prove inay fled any time. after 2 the court, as to the sanity, or in- Sec. 170. Conviction or Acquittal Removed. (1) The court to which ular panel, be called and impan. on behalf true name of any person, group or such bills or notes are counterfeit. indictment is filed. ‘ ty. of the defendant at the time Bar to Prosecution. (a) No person the cause is removed shall proceed led to sit as alternate jurors. Al- the defense association of persons, or corpora- * depen ‘Feit. sion of the court Y, On notic of the commission of the alleged shall be held to answer on a second to trial and judgment therein as if ternate jurors in the order in which be gr tion, described. otherwise than by . 123. Offenses Divided into De- prosecuting attorney, heard pifense and subsequent thereto, indictment or information for a the cause had originated in ‘such they are called shall replace juro Witn: the name is disclosed by the evi- . In an indictment or infor- posed of r r The procedure shall follow that set crime for which he has been acquit- court. If it is necessary to have who, prior to the time the jury re foreman, s dence, the court shall cause the true Mation for an offense which is di- vacation. However, at suc! ri forth in Chaptre 17 of this Code. ted. but such acquittal may be plead- any of the original pleadings or oth- tites to consider its verdict, become peg ead ame to be inserted in the indict- Vided into degrees it is sufficient to the defendant must be p 3. Upon good cause shown for the ed by motion in bar of any subse- er papers before such court, the unable or disqualified to perform commiss ment, information, bill of particulars Charse that the defendant commit- felony is charged. ? omission of the notices and proced- quent prosecution for the same court from which the cause is re- their duties. . Alternate jurors shall Si ehalli admin and record wherever the name ap- ted the offense without specifying (3) The order on the motion to ure as to either the defense of in- crime, notwithstanding any defect moved shall st sty tiene upon appi- be drawn in the same manner, shall mation, in the 1 SAnky Gthecone the degree. ash shall be filed in the cause sanity, as here set forth, the court in the form or circumstances of the cation of the prosecuting attommey have the same qualifications, shall law, to any wit- | Sec. 115, Description of Written c. 124. Surplusage. Any alle- and entered of record may in its, discretion permit the in- indictment or information. or the defendant order such papérs be subject to the same examination tify before the Instruments. Whenever it is neces- fation under existing law or under Sec. 140. Arrest on Capias Based troduction ‘of evidence of such de- _ (b) Where a person may be tried or pleadings to be transmitted by shall take the same oath and shali i ary in an indictment or information the provisions of this chapter may, on Indictment or Information—Hab- fense. if i for an offense in two or more coun- the clerk, a certified copy thereof have the same functions, powers, of Grand Jurors to make an averment relative to any if contained in an. indictment, in: eas Corpus—Motion to h—Pre- See. 154. Discovery and Produc- ties, a conviction or acquittal of the being retained. facilities and privileges as'the prin- nt. An indict- instrument which consists wholly formation or bill of particulars, be liminary Hearing. When an indict- tion of Documents and Things for offense in one county shall be a bar (2) The prosecuting attorney of the cipal jurors. An alternate juror, found without or in part of writing or figures, pic- disregarded as surplusage. ment or information is filed and a Inspection, Copying or Photogragh- to a Prosecution for the same of- court to which the cause is removed, who does not replace a principal jur- tures or designs, it’ is sufficient to Sec. 125. Defects and Variances. dfecndant is in custody under a cap- ing. Whenever a crime has been fense in another county. may amend the information, or file or, shall be discharged at the time Gescribe such instrument by any No indictment shall be quashed or ias he may apply for a writ, of committed and the evidence of the CHAPTER 11, Change of Judge a mew information, and euch’ mee the jury retinn to onsite its ee name or description by which it is Judgment arrested or new trial be habeas corpus, attacking said indict. State shall relate to ballistics, fin- and Removal of Cause” information will be entitled in the dict. If ong or two alternate jurors + nd usually known or by which it may granted on account of any defect in ment or information: ‘or he may gerprints, blood, semen, or ‘other Sec. 171. Change of Judge. (1) On county in which the trial is had, are called, each party is entitled to foreman shall be identified, or by its purport, with- the form of the ind ictment or in- move to quash the indictment or in- stains, or documents, papers, books, a prosecution by indictment or in- but the allegation as to the place of one peremptory challenge in addition and sign out setting forth a copy or facsimile formation, or if misjoinder of of- formation and bring it or accounts, letters, photographs, ob- formation, the prosecuting attorney commission of the crime. shall cover to those otherwise allowed by law nalvnen of the whole or any part thereof, fenses or for anv cause whatsoever, heard before the trial cou g jects, or other tangible things, up- or the defendant may apply for a the county in which the crime was for each alternate juror so called. shall en- The description, if in a bill of par- unless the court shall be of the opin: jurisdiction, and in the event of on motion showing good cause change of judge by making and fil- actually committed. ‘The additional peremptory challenge il” on the ticulars, is sufficient if it sets forth ion that the indictment is so vague, adverse ruling, he may, if i dy, therefor, and upon notice to the ing an affidavit that he,fears a fair | CHAPTER 12. Waiver of Jury may be used only against the alter- nit into the character and contents of the indistinct and | indefinite s to mis- apply for a writ of habeas corpus. prosecuting attorneys, the court in trial cannot be had in the court Trial. nate juror and the other peremptory instrument with such particularity lead the accused and embarrass If a defend in custody upon which the action is pending, wheth- where the case is pending on ac- Sec. 181. When Trial by Jury May challenges allowed by law shall not Grand Jury to as to enable the defendant to pre- him in the preparation of his E a capias s confined in er the committing | magistrate's county of the prejudice of the judge Be Waived. In all cases except be used against the alternate jur- 1 r of the pare his defense. fonse oF {pose him after conviction jail for thirty days after his arrest, court. or the court having juris- of said court against the applicant, where a sentence of dcath’ marty ors. secret what- Sec. 116. Description of Written Or acquittal to substantial danger of without trial, he may y to diction to try the cause may order or in favor of the adverse, and there: imposed trial by jury may be waived | Sec. 192. Oath of Jurors. The grand juror Matter. Whenever in an indictment or @ New Prosecution for the same of- trial court having ji iction for the State to produce and permit upon, such judge shall proceed no by the defendant. Such waiver shail following oath shall be administered ny other information an averment relative to fense. ‘ i, and be allowed nary hear- the inspection and copying or pho- further therein, but another judge be made in open court and an en- to the jurors: ‘You do solemnly : y spoken or written words or any , Sec. 126. Interpretation of the ing. tographing. by or on behalf of the shall be designated in a manner pre- dorsement thereof made on ind swear (or affirm) that you will weil Juror Not » is necessary, it is sufficient Act. Nothing contained in this chap- Scc. 11. Effect ti moving party, of any designated scribed by the laws of Florida for ment or information and signed by and truly try the issues between the testify. No forth such spoken or written ter shall be construed as to make in- motion to Quash. Papers, books, accounts, letters, the substitution of judge for the defendant State of Florida and the defendant ted to words by their general purport or Valid or insufficient any indictment to quash is sustained Photographs objects or other tan- trial of causes where the presiding CHAPTER 13. Trial Jury. when you shall have in charge and t how ribe such picture generally, OF information which would have order gible things; and in examinations judge is disqualified. Sec. 182. Challenge to Panel. The a true verdict render according to ror voted without setting forth a copy or fac- been valid and sufficient under the fi , 2 to be conducted by representatives " (2) The presiding judge may, how- State or the defendant may chal- the law and the evidence, so help m or what simile of such written words or such law existing at the date of the en- mitted to grand jury. or if t of the State as to ballistics, finger- ever, examine the affidavits support- lenge the panel or an individuel you God.” umself or picture. The description. if in a bill @ctment of this chapter. ter is such that nformation prints, blood, semen, and other ing ‘the motion to disqualify him juror. If any purore affirms the clause ding such of particulars. is sufficient if the | Sec. 127. Inspection of indictment, might have been filed against the stains, the defendant,’ upon motion for prejudice. to determine its legal A challenge to the panel may be ‘So help you God’ shall be omitted. defend is thereby suffitiently in- Information and Record. All indict: defendant if he had not been in- and notice, as aforesaid, shall be sufficiency. but shall not pass on the made only on the ground that the CHAPTER. 14. Presence of Defen- Finding formed of the identity of the words ments, informations, and the ree- dicted. that an information be filed permitted under order of court, to truth of the facts alleged, nor ad- jurors were not’ selected or drawn dant. grand juror, or picture concerning which the aver- ords thereof shall be in the custody for the offense charged in the in- be present, or have present, an’ex- judicate the question of his disquali. according to law. Sec, 193. Presence of Defendant stenographer, ment is made so as to enable him to of the clerk of the court to whieh dictment. If one of the aforemen- pert of his own selection, during fication. Challenges to the panel shall be When Prosecution for Felony. In unless the prepare his defense. ae ene presented and shall not tioned orders is, made the defend- the course of such examination. (3) Every such affidavit shall mad- and decided before any indi. all prosecutions for a felony the a all disclose Sec. 117. Judgments. In referring be inspected by any person other ant, if in custody, shall remain so The order shall specify the time, state the facts and the reasons for vidual juror is examined, uniess or- fendant shall be present: nent for a in an indictment or information to a than the judge, the clerk, the at- unless orders is made the defendant, place, and manner of making the the belief that any such bias or pre. dered by the court. (a) At arraingment. ainst any judgment or information of, or a torney-general and the prosecuting if in custody. shall remain so unless inspection and taking the copies judice exists, and such affidavit shall A challenge to the panel shall be (b) When a plea is made. hag’ Eder proceeding before. any court or of- attorney until the defendant is in he shall be admitted to bail. Tf such and photographs, and may. pre- be filed not less than ten days before in writing and shall specify the facts _(c) At the calling. examination, ficial. civil or military. it is unnec- custody or has been admitted to bail. order is not made or if having been scribe such terms and conditions the time the case is called for constiuting the ground of challenge. challenging. impanelline and swone, essary to allege the facts conferring _ Sec. 128. Copy of Indictment or made, a new indictment is not found as are just. trial. or good cause shown for the Challenges to the panel shall be ing of the jury. jurisdiction on such court or official, Information to Be Furnished De- by the same or the next succeeding Sec. 155. Failure to Enter Plea failure to so file same within such tried by the court. (d) At all proceedin~s before the but it is sufficient to allege generally fendant. Every person who has srand jury having authority to in- —Effect of. The fact that the de- time. Upon the-trial of a challenge to court when the jury is present, that such judgment or determination been indicted or informed against for Quire into the offense, or another in- fendant did not plead shall not af- (4) Any such affidavit so filed shall the panel the witnesses shall be ex. | (e) When evidence ig addressed to was given or made or such proceed- an offense. shall, upon application formation not filed within a time fect the validity of any proceed- be accompanied by a certificate of amined on oath by the court and may the court out of the presence of the ings had. in such manner as identi- to the clerk. be furnished with a to be specified in the order, or within ing in the cause if the defendant counsel of record that such affidavit be so examined b either party with jury for the purpose of laying the close the fies the judgment, determination or copy of indictment or information, to- Such further time as the court may proceeds to trial without a plea. and application are made in good the permission of the court. foundation of the introduction of ness examined pre jing. gether with the indorsements there- allow for good cause shown, the Sec. 156. Time to Prepare for faith, and the facts stated as a basis If the challenge to the panel is evidence before the jurv. oe other evi ance: (Us. . Exceptions. No indict- on. ai least twenty-four hours be- defendant. if in custody, shail be Trial. After a plea of not guilty for making the said affidavit shall sustained. the court shall discharge (f) At @ view by the jury. exce when ment or information for an offense fore he is required to plead there- discharged therefrom. | unic he is the defendant is entitled to a rea- be supported in substance by af- the panei. If the challenge ig not (g) At the rendition Of the ver- to diclose the created or defined, by statute shail to. and he shall not be required to it tody on some other ch: if sonable time to prepare for trial. fidavit of at least two reputable sustained, the individual jurors shall dict. be invalid or insufficient merely for plead to such indictment or infor- he has been released on bail he and See. 157. Appointment of Coun- citizens of the county, not of. kin be called th) Persons prosecuted for misde- the reason that it fails to negative mation if it has not been so fur- his sureties are exonerated, and if sel in Capital Cases. In all capital ‘to the defendant or of counsel for Sec. 18%. Examination of Jurors.-meanors may, bt tk own request, any exception, excuge oF proviso con- nished to him. A failure to furnish money or bonds have been deposited cases where the defendant is in- the defendant. Provided, however, (1'. The jurors shall be sworn, by leave of court be tried in their tained in the statute creating or such copy shall not affect the va- 28 bail such money or bonds shail solvent. the judge shall deem neces- that when the prosecuting attorney either individually or collectively. as absence from the court. defining the offense, | ae lidity of any subsequent proceeding be refunded. i sary. and shall allow such compen- or defendant shall have suggested the court may decide, to answer | Provided, however, that upon the Sec. 119. Alternative or Disjunc- against the defendant if he pleads Sec. 142. Failure to Move to Quash sation as he may deem reasonable, the disqualification of a trial judge truthfully all ~uestions put to them beginning of the trial of a defendant tive Allegations. No indictment or to the indictment or information. Effect of—Exceptions. If the de- such sum to be paid by the county and an order shall have been made regarding their competence to serve upon any charge contained: in an: for perigry in information for af offense which | Sec. 129. Witnesses on Indictment fendant does not move to quash the in which the erime was committed, admitting the disqualification of as jurors. The court shall then ex. indictment ‘ot information and the or upon trial may be committed by the doing of or Information. It shall not be nec- indictment or information before or Such counsel, so appointed, may, such judge, and another judge shall amine each juror individually, ex- defendant being present thereat, if a py the one or more of several acts, or by essary to endorse on any indictment @ the time he pleads thereto he in the event of conviction and sen: have been assigned and transferred cept that with the consont of’ both osid defendant shall thereafter. dur- a seed Tae th en nee er eral means, or or information tho names of the Shall be taken to have waived all tence of death, appeal the case to to act in Ney of the judge so held parties it may examine the jurors ine the progtses of said trial, or be. PTER 6. Indictment .and In- with one or more of several intents, witnesses on whose evidence the Objections which are grounds for a ihe ‘Supreme Court, and prosecute {2 b disqualified. ‘the @ So as- collectively. Counsel for both state fore the verdict of the jury shell a or with one or more of several re- same is based, but upon motion of Motion to quash. If, however, the said appeal to its final conclusion be disqualified on account of alleged and defendant shall be permitted to have been returned into court, vol- uch —¢ hall vestiga- be sworn