Barber v. State

Citations

• 13 Fla. 675

Syllabus

<p>1. The laws of 1868, (p. 68, § 43,) provide as follows: Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this State against his will, &c., shall be punished by imprisonment in the State penitentiary not exceeding ten years. The indictment charges that the defendant “ did forcibly confine and imprison within this State, against his will, one George BassHeld, That the indictment failing to charge that the confinement and imprisonment was “ without lawful authority,” does not allege an offence under the statute or at common law.</p> <p>3. A judgment will not be reversed on account of the refusal of the court to grant a continuance, unless there appears to have been an arbitrary and oppressive exercise of the discretion vested in the circuit court.</p> <p>3. In applying for a change of venue in criminal cases upon the ground that a fair trial cannot be had in the county, the statute contemplates that facts shall be stated which satisfy the court that the motion is well founded. But whether this court can review the action of the circuit court in the exercise of its discretion in this matter, guere? ,</p> <p>4. The challenge of a juror for cause does not preclude the exercise of the right of peremptory challenge afterwards.</p> <p>5. It is the duty of a court under the laws of this State to hear any competent evidence in support of a valid objection to the competency of a . juror, as by the examination of witnesses, and the like.</p> <p>6. A person indicted for unlawfully imprisoning or confining another, may show in his defence or justification that the party confined or imprisoned was committing an offence, and that the arrest or confinement was for the purpose of taking the offender before a magistrate. The circumstances attending the arrest may be shown by the party arrested or confined, unless he decline to answer for lawful reasons.</p> <p>7. When under the act of 1865, the defendant in a criminal case has been