Andrews v. State

Citations

• 21 Fla. 598

Syllabus

<p>1. Tlie State moved for a continuance of the trial upon an indictment for murder, supporting the motion by a written statement of the State Attorney of what the absent witness would testify if present. The prisoner objected to the continuance on the ground that the witness had never been before the grand jury, and that the indictment was found without his testimony. The Circuit Judge ruled that the continuance should be granted unless the prisoner should waive the presence of the witnesses and agree that if present he would testify to the facts set out in the statement. The prisoner excepted to the ruling,' but thereupon agreed in writing to waive the presence of the witness, and to admit that the witness would, if present, testify to the facts stated. The bill of exceptions purports to give all the testimony used on the trial before the jury which was afterwards impanelled, but neither it nor the record shows that such statement or agreement, or the testimony of the witness, was used on such trial : Held, There is nothing to show that the ruling had any effect upon the verdict, and it will not be reviewed in the Supreme Court on a motion for a new trial.</p> <p>3. A venireman stated on his vow dwe that he had formed an opinion as to the guilt or innocence of the accused, who was charged with murder, and that it was not formed from hearing or conversing with the witnesses in the case ; that if he went into the jury box he would give a verdict according to the evidence ; “that it would take a reasonable amount of evidence—that it would take conclusive evidence to change his mind.” The Circuit Judge ruled that he was a competent juror ; Held, To be error and that he was not competent.</p> <p>S. A venireman stated on his voir dire that his opinion was formed from rumor ; that he had never conversed with the witnesses, and his opinion would yield readily to evidence, but he would rather not have heard what he had if he was to go in the jury box. The Circuit Judge rul