Blount v. Florida

Citations

• 30 Fla. 287

Syllabus

<p>1. It is the duty of the trial court to instruct the jury on the law applicable to the facts proven during the trial of a case, and a refusal to do so when asked will be error; but it is the settled practice in this State that if a party wishes to avail himself of the omission of the court to charge the jury on any point in the case, he must ask the court to gi.e the instruction desired; otherwise he will not be permitted to assign the omission as error.</p> <p>■2. A juror who served upon the jury that convicted an accused at a term of court held in December, A. D., 1891,-had been summoned by virtue of a special venire to cáhrplete the petit jury list, and his name appeared upon the panel of petit jurors for the Spring term of said court held in March of same year. An objection was made in arrest of judgment, that said juror was disqualified by reason of the provision in Section 3, Chapter 3010, Laws of Florida, McClellan’s Digest, page 622, Section 8, to the effect that “no person shall be drawn to serve on a grand or petit jury more than once during the same year Held, that said provision does not create a disqualification, but simply provides an exemption from jury duty for more than one term of court each year.</p> <p>8. Assignments of error submitted without argument may be treated as abandoned.</p> <p>4. Where the record fails to show that the trial judge asked a prisoner before pronouncing sentence upon him, if he had anything to say why the sentence of the law should not be passed upon him, it is not ground for setting aside the judgment where the conviction is not of a capital offense.</p>