Copy of indictment and panel. Approvers. Jurisdiction. Trial by jury. appear and de- or by counsel. Issues of fact upon indictnient, &c., how tried. able penalty to appear at the next court; and if he be not indicted at the second term, unless the attendance of the witnesses was prevented by himself, he shall be discharged from imprisonment; and if he be not tried at or before the third term after his examination, he shall forever be discharged from the crime. (a) SEC. 3. In all trials for felonies the prisoner shall have a copy of the indictment and a panel of the jury, whenever he may desire it, before trial and sentence. (a) SEC. 4. Approvers shall never be admitted in any case whatever. In all cases where an indictable offence shall be perpetrated in this State, and the same shall commence in any one county and terminate in another, the person offending shall be liable to indictment in either county. (b) SEC. 5. The right of trial by jury shall be secured to all, and remain inviolate forever. (c) In any trial by any court the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. (d) SEC. 6. Issues of fact joined upon any information, complaint or indictment in any court of record, shall be tried by a jury drawn and returned in the manner prescribed by law in civil cases. (e) In the trial of misdemeanors a jury may be waived waived, when. by the prosecuting attorney and the defendant, and in such case the trial may proceed before the court without a jury; in which case the waiver of a jury shall be entered upon the record. (f) Jury may be May order view. Challenges. SEC. 7. No person indicted for a felony shall be tried unless personally present during the trial; persons tried for smaller offences may, at their own personal request, by leave of the court, be tried in their absence from the court. (ƒ) SEC. 8. The court may order a view by any jury empanelled in any criminal case. (ƒ) SEC. 9. In capital cases the prisoner shall have twenty peremptory challenges and the State five, and in other felonies, not capital, the prisoner shall have five peremptory challenges and the State two; and in misdemeanors the prisoner shall have three peremptory challenges and the State two. And when the nature of any case, civil or criminal, requires that 13 Fla., 675-631, a knowledge of reading, writing and arithmetic, or either, is 2 Fla., 476. 12 Fla., 18-564. Examination as to interest. necessary to enable a juror to understand the evidence to be offered on the trial, it shall be a cause of challenge if he does not possess such qualification, to be determined by the Judge presiding at the trial. (g) SEC. 10. The court shall, on the motion of each party in any suit, examine on oath any person who is called as a juror therein to know whether he is related to either party, or has (a) Secs. 12 and 13, Act of Nov. 19, 1828. (b) Secs. 17 and 25. Act of Nov. 19, 1828. (e) Sec. 3, Declaration of Rights, Const. of 1868. (d) Sec. 8, Declaration of Rights, Const. of 1868. (e) Sec. 1. Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. (f) Secs. 4, 5 and 6, Sub-Chap. 13, Chap. 1637, Act of Ang. 6, 1868. (g) Sec. 7, Chap. 3010, Act of Feb. 17, 1877. 12 Fla., 152. 12 Fla., 552. any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudices therein; and the 9 Fla., 215. party objecting to the juror may introduce any other compe- 17 Fla., 215. tent evidence in support of the objection; and if it shall appear to the court that the juror does not stand indifferent in the cause, or is otherwise incompetent, another shall be called and placed in his stead for the trial of that cause. (h) pay taxes. SEC. 11. In indictments and penal actions for the recovery Liability to of any sum of money, or other thing forfeited, it shall not be a cause of challenge to any juror that he is liable to pay taxes in any county or town which may be affected by such recovery. (h) ministered SEC. 12. The following oath shall be administered to jurors Oaths to be ad for the trial of all criminal cases not capital: "You shall well jurors in crimand truly try the issue between the State of Florida and the inal cases. defendant, (or defendants,) according to the evidence. So help you God." In capital cases the following oath shall be administered to jurors: "You shall well and truly try, and true deliverance make, between the State of Florida and the prisoner at the bar, whom you shall have in charge; according to the evidence. So help you God." Any juror who is conscientiously scrupulous of taking either of the said oaths, shall be affirmation. allowed to make affirmation, substituting the words "this you do under the pains and penalties of perjury," instead of the words "so help you God." (i) Can make SEC. 13. No person whose opinions are such as to preclude Persons opposed to capital him from finding any defendant guilty of an offence punisha- punishment not ble with death, shall be allowed to serve as a juror on the trial to act as jurors. of such an offence. (i) 14 Fla., 153. for same SEC. 14. No person shall be subject to be twice put in jeop- No person can ardy for the same offence, nor shall be compelled in any crim- be tried twice inal case to be a witness against himself, nor be deprived of offence. life, liberty, or property without due process of law. (j) of offence SEC. 15. Whenever any person indicted for a felony shall on Verdict for part trial be acquitted by verdict of part of the offence charged, charged may be and convicted of the residue thereof, such verdict may be re- rendered and ceived and recorded by the court, and thereupon the person mainder, and acquitted of recharged shall be adjudged guilty of the offence, if any, which party may be shall appear to the court to be substantially charged by the residue of such indictment, and shall be sentenced and punished accordingly. (k) sentenced. SEC. 16. Any person indicted under Section 3, Chapter 55, Former acquittal for duelling and Section 2, Chapter 66, of this Digest may plead a former may be pleaded. conviction or acquittal of the same offence in any other State 12 Fla., 591. or country; and such plea, if admitted or established, shall be a 9 Fla.. 216. bar to all further or other proceedings against him for the same offence within this State. (1) (h) Secs. 24 and 25, Chap. 1628, Act of Aug. 1, 1868. (i) Secs. 11 and 12, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. (7) Sec. 26, Sub-Chap. 3, Chap. (j) Sec. 8, Dec. of Rights, Const. of 1868 (k) Sec. 7, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. 1637, Act of Aug. 6, 1868. Verdict in case of justifiable and excusable homicide. Jury may rec SEC. 17. Whenever it shall appear to the jury, on the trial of any person indicted for murder or manslaughter, that the alleged homicide was committed under circumstances or in cases where by law such homicide was justifiable or excusable, the jury shall render a general verdict of not guilty. (m) SEC. 18. In all criminal trials before the Circuit Court, the ommend mercy. jury, in addition to a verdict of guilty of any offence, may recommend any prisoner to the mercy of the court, or to Executive clemency, and such recommendation may be entered of record. or filed if in writing, but shall not qualify the verdict; and in all cases the court shall award the sentence and fix the punishment or penalty prescribed by law. (n) Commutation SEC. 19. Whoever is convicted of a capital offence, and reof punishment. commended to the mercy of the court by a majority of the jury in their verdict, shall be sentenced to imprisonment in the State prison for life, with or without solitary confinement, at the discretion of the court. (0) 15 Fla., 591. When acquitted for insanity jury shall say so, and court may arrest. Conclusion. 8 Fla., 73. Setting aside verdict. 12 Fla., 152. Duty of court where jury disagree. 16 Fla., 416. Criminal docket tried first. SEC. 20. When any person tried for an offence shall be ac quitted by the jury by reason of insanity, the jury in giving their verdict of not guilty, shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person shall be considered by the court manifestly dangerous to the peace and safety of the people, the court shall order him to be committed to jail, or otherwise to be cared for as an insane person, or may give him into the care of his friends, on their giving satisfactory security for the proper care and protection of such person; otherwise he shall be discharged. (p) SEC. 21. In all cases wherein the defendant upon his trial introduces no testimony, he shall, by himself or counsel, be entitled to the concluding argument before the jury. (q) SEC. 22. No irregularity in any writ of venire facias, or in the drawing, summoning, or empanelling of petit jurors, shall be sufficient to set aside a verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the returning of the verdict. (r) SEC. 23. When a jury, after due and thorough deliberation upon any cause, shall return into court without having agreed on a verdict, the court may explain to them anew the law ap plicable to the case, and may send them out again for further deliberation; but if they shall return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they shall ask from the court some further explanation of the law. (r) SEC. 24. All cases on the criminal docket, at each term of the Circuit Court, shall be tried first, if the same can be so tried without injury to the interests of the State or the prisoner: (m) Sec. 7, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1888. (n) Sec. 8, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. (0) Chap. 1877, Act of Feb. 27, 1872. (p) Sec. 10, Sub-Chap. 13, Chap. 1657, Act of Aug. 6, 1868. (g) Chap. 539, Act of Jan 3, 1853. (7) Secs. 26 and 27, Chap. 1628, Act of Aug. 1, 1868. Provided, That the cases presented during any term by the grand jury, may be tried, if proper, at any time during the same term. (8) SEC. 25. It shall and may be lawful for the Judges of the Cases of change Circuit Courts of the State of Florida, to order a change of of venue. venue in all such criminal cases in which the said Judge may be satisfied that it is impracticable to get a qualified jury to try the same, in the county in which the offence shall have been committed. Such change may be ordered either upon the ap- 9 Fla., 530. plication of the prosecuting attorney, or of the defendant, 1 Fla., 679. upon affidavit setting forth the necessity for such change. And if there be no such application, but it shall appear to the court, either from the report of the sheriff, or in any other manner whatsoever, such change of venue may be ordered in the same manner as if such application had been made, accompanied by proper affidavits. () 17 Fla., 198. SEC. 26. All criminal causes shall be tried in the county Venue. where the offence was committed, except when otherwise provided by law, unless it shall appear to the satisfaction of the court, by affidavit, that a fair and impartial trial cannot be had in such county; in which case the court may direct the person accused to be tried in some adjoining county where a fair and impartial trial may be had; but the party accused shall be entitled to but one change of the place of trial. (u) from one county SEC. 27. Whenever it shall appear, upon an examination of Judge's power the books of registration of any county, that there is not a to transfer suits sufficient number of registered voters to form a grand and to another in petit jury, the Judge of the Circuit Court, upon being notified certain cases. of the fact by the Clerk of the Circuit Court of any such county, may order all cases for trial pending in the Circuit Court of any such county to some other county within his circuit for trial, and indictments may be obtained (against persons charged with crimes committed in any county not having a sufficient number of registered voters qualified to form a grand and petit jury) in any county within the circuit to which such county is attached or belongs. () venue. SEC. 28. Whenever it shall be, in the opinion of the Judge, Change of impracticable or inexpedient to form a grand jury in any county, for the want of a sufficient number of qualified jurors therein, or on account of undue excitement or prejudice among the people, it shall be lawful for the grand jury in any county in the same circuit to indict any person for any offence committed in the county first mentioned in this section, and the trial thereof shall proceed in the county where such indictment may be found, subject to a change of the place of trial according to law. (w) SEC. 29. When the place of trial is changed to another (2) Sec. 5. Chap. 159, Act of Jan. 8, 1848. (1) Sec. 1. Act of March 10, 1845. () Sec. 13, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. (c) Chap. 1857, Act of Jan. 4, 1871. Proceedings apon change. Bail to be required. 13 Fla., 676. 9 Fla., 530. Recognizance of witnesses. Duty of clerk. Convicts may give bond for the peace. county the trial shall be conducted in all respects as if the indictment had been found in that county; and the costs accruing before or after a change of the place of trial shall be paid by the county in which the offence was committed, unless otherwise provided by law. (w) SEC. 30. The court ordering a change of the place of trial shall require the accused, if the offence be bailable, to enter into a recognizance with good and sufficient sureties, to be approved by the Judge, in such sum as the court or Judge may direct, conditioned for his appearance in the court to which the case is changed, on the first day of the next term thereof, to abide the order of the court, and not to depart without leave; and, in default of giving such recognizance, a warrant shall be issued, directed to the sheriff, commanding him safely to convey the prisoner to the jail of the county where such accused prisoner is to be tried, there to be safely kept by the jailer thereof until discharged by due course of law; and such warrant shall be complied with on or before the first day of the court at which the trial may be had. (w) SEC. 31. When a change of the place of trial is allowed, the court shall recognize the witnesses on the part of the State to appear before the court at the place of trial. (x) SEC. 32. When a change in the place of trial is ordered, the clerk of the court shall immediately enter the proceedings in the records, and transmit all the original papers filed in the case, with a certified copy of the entries in the records relating to the case, to the clerk of the court of the county to which the place of trial has been changed, retaining, however, a copy of all the papers transmitted. (x) SEC. 33. Every court before whom any person shall be conbe required to victed upon an indictment for any offence not punishable with death or by imprisonment in the State penitentiary or county jail, may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties, in a reasonable sum, to keep the peace or to be of good behavior, or both, for any term not exceeding two years, and to stand committed until he shall so recognize. (x) In case of breach. Duty of clerk in case of conviction. any SEC. 34. In case of the breach of the condition of such recognizance, the same proceedings shall be had that are by law prescribed in relation to recognizances to keep the peace. (x) as soon SEC. 35. Whenever any person convicted of an offence shall be sentenced to pay a fine or costs, or to be imprisoned in the county jail or State prison, the clerk of the court shall, as may be, make out and deliver to the sheriff of the county or his deputy a transcript from the minutes of the court of such conviction and sentence, duly certified by such clerk, which shall be a sufficient authority for such sheriff to execute such sentence, and he shall execute the same accordingly. (1) (w) Secs. 15 and 16, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. (2) Secs. 17, 18, 20, 21 and 22, Sub-Chap. 13, Chap. 1637, Act of Aug. 6, 1868. |