Brown v. State

Citations

• 40 Fla. 459

Syllabus

<p>Criminal Law — Jurors—Exemption From Jury Service Not a Disqualification — Voir Dire Examination — Order of Introduction of Evidence — Presumption of Sanity-</p> <p>Section 1 of Chapter 4122, laws approved June 2d, 1893, makes all male persons who are over the age of twenty-one years and citizens of Florida, and who have resided in said state for one year, and in their respective counties for six months, qoalifled for service as jurors, except those who have been convicted of certain therein enumerated crimes- The exemption from jury service extended by Section 1150, Revised Statutes, to persons over the age of sixty-five years, does not have the effect of disqualifying such persons for such service, but it is a personal privilege merely t'o the juror himself, of which he can avail himself or not 'at his discretion, and if he sees proper to waive the privilege, his age furnishes no legal ground of challenge for cause.</p> <p>2. Inquiries on the voir dire examination of a juror touching his knowledge of the law of the case, and as to whether he is willing or not to apply such law without instructions thereon from the court, are improper and can never be made a test of a juror’s competency-</p> <p>3. Where a talesman oxr his voir dire examination answers that he had formed an opinion of the case from rumor, but that it was not a fixed opinion, and would yield readily to testimony, and that he could try the defendant solely upon the sworn testimony, and that he did not think the opinion he had formed would have any effect upon him, and that he could give the defendant a fair and impartial trial and render a verdict solely upon the testimony that he heard as a juror, notwithstanding the opinion he had formed, he is a competent juror.</p> <p>4. Trial courts ¡are entrusted with a discretion in regard to the order of the introduction of evidence and the examination of witnesses. This discretion should be exercised in furtherance of justice; and it must be a strong case,