Bryan v. State

Citations

• 41 Fla. 643

Syllabus

<p>1. The verity of the recor'd proper that has been made up and exists in the lower court, or a bill of exceptions that has been settled and signed by the trial judge and made a part of the record as provided by statute, can not be questioned in the Supreme Court.</p> <p>2. When a bill of exceptions comes on for settlement before the trial judge, and objections are made to the insertion of matter in the bill, but it is inserted by direction of the judge and the bill is signed by him and filed in the cause, it can not be insisted in the appellate court that the matter objected to is no part of the bill. The statute provides that when a judge refuses to settle and sign a proper bill of exceptions when seasonably tendered to him, three persons may sign it in his presence.</p> <p>3. An information filed in a criminal court of record had appended to it an affidavit in form prescribed by statute, and after verdict it was objected in motions in arrest of judgment and for new trial that the prosecuting officer did not in fact swear to the information: Held, That such objection was waived by pleading to the merits and going to trial.</p> <p>4. The grounds that disqualify judges and jurors are not coextensive under the statutes of Florida. Under Section 967, Revised Statutes, the grounds that disqualify a judge are when he is a party to the suit or is interested therein, or when he would be excluded from being a juror by reason of interest, consanguinity or affinity to either of the parties; and under Section 1086 a juror may be examined to ascertain whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice, and when it shall appear to the court that the juror does not stand indifferent in the cause, or is otherwise incompetent, another shall be called in his stead.</p> <p>5. Mere bias or prejudice, however strong, is no ground of disqualification of a judge of a criminal court of