Brown v. State

Citations

• 29 Fla. 543

Syllabus

<p>OFFICE OF A BILL OF EXCEPTIONS — PRESENCE OF PRISONER IN COURT.</p> <p>1. At common law a writ of error did not lie to correct an error which was not apparent on the record, and the statute of 13 Ed. I, was enacted to provide a l'emedy for reviewing decisions of the trial court on matters in pais, to which exception was taken; and strictly at the common law it was doubted if this statute applied to any criminal case. '</p> <p>2. Our statute (section 1, Chapter 138, Laws of 1848, section 1, page 454, McClellan’s Digest) allows a bill of exceptions in criminal cases, but it does not undertake to point out the matters and things which are proper to appear in a bill of exceptions, or the matters decided by the trial court, which may in this way be presented for review to the appellate court; and what is a bill of exceptions, and its true office, are matters left for judicial ascertainment.</p> <p>3. The true office of a bill of exceptions Is to present some objection in point of law to the opinion, judgment, direction or action of the trial court on matters which do not properly appear of record, and it is not its office to supersede or take the place of any requisite record entries in a cause, but to present exceptions taken during the progress of the trial, to the opinion and decision of the judge on matters which otherwise would remain in pais.</p> <p>4. The record proper should show in case of felony that the jury was sworn, and an omission in this respect is fatal to a conviction, and it can not be supplied by a recital in the preface of a bill of exceptions, intended merely to connect the bill with the case tried, that the jury was sworn.</p> <p>5. In felonies it is necessary that the accused be personally present during the progress of the trial, including the judgment or sentence of the court; but while it is best always to have the record to show directly and affirmatively that the accused was personally present at each and every stage of the trial, it will