Collins v. State

Citations

• 13 Fla. 651

Syllabus

<p>1. Where facts are in issue under the pleadings, it is the exclusive province of the jury, under the statute regulating criminal proceedings in this State, to determine whether such facts are established by the testimony; therefore, in a prosecution for “receiving stolen goods, knowing the same to have been stolen,” a charge of the court that “ the place, the date, the value of the property, and the fact that a bale of cotton was stolen, have been fully established,” is erroneous.</p> <p>2. It should appear that the indictment was delivered into court hy a grand jury. In case the Clerk omits to make a minute of the fact of the delivery of the indictment into court by the grand jury, the court may order ;it to be done' at any time during the term. Query: Whether such a minute is essential, or whether the fact of delivery does not sufficiently appear by the endorsement of the foreman of the grand jury, the indictment itself, and the file mark of the Clerk ?</p> <p>:3. The record contains the following: “The grand jury came into open court and made the following presentment: State of Florida vs. James E. Collins—Receiving stolen goods, knowing the same to have been ■stolen.” The indictment properly endorsed follows this entry. The prisoner is arraigned, tried, and convicted. Held:</p> <p>4. That it sufficiently appears from the record that the prisoner was tried in accordance with the Constitution “ on presentment and indictment by a grand jury,” and that the indictment was delivered into court hy the grand jury.</p> <p>5. The finding of a bill hy the grand jury is shown by the endorsement of the foreman, to the effect that it is “ a true bill.” The endorsement is made under the law only “ when so found ” by the grand jury, and this act of the foreman being made by the statute the evidence that the bill was so found, courts cannot properly enlarge the statute or require evidence in addition to tliat prescribed by the statute, to show the finding of the grand jury.</