Collins v. State

Citations

• 31 Fla. 574

Syllabus

<p>•JUEOES—-QUALIFICATION Olí—NON-PAYMENT OB’ POLL TAX—WHEN DISQUALIFIES—PRISONERS EIGHT TO LIST OB’ JUEOES SUMMONED'.</p> <p>1. The general rule is that if a juror is qualified at the time he performs service as such, he is competent, whether he was qualified at the time he was drawn and summoned or not.</p> <p>'2. The list of jurors to be furnished to the defandant in a criminal case on his request therefor, as contemjilated by Section 5901, Revised Statutes, is a list of those that have been mmmoned to attend, and not merely a list of those that have been drawn.</p> <p>■3. The return of the sheriff upon a venire is the only authentic evidence as to which of the jurors have been summoned.</p> <p>4. It is error for the court in a criminal case, against the defendants’ objection, to proceed with the empanelling of the trial jury from among persons who have been drawn and summoned on a special venire for the trial of such cause, until after the sheriff has made his return of such venire showing who have been summoned thereon. Such procedure deprives the defendant of his right to demand a list of the jurors summoned; and of his right to an intelligent exercise of the right of peremptory challenge.</p> <p>5. Where a second special venire is drawn in a criminal case because of the exhaustion of a previous special venire, and such second venire is resorted to for a completion of the panel, it is error to'put such second venire down and to resort again to the first special venire and to put therefrom upon the defendant a juror who had made his appearance in coutt after the second venire had been resorted to. When successive special venires become necessary to complete the panel, each venire in turn must be exhausted in fact before recourse can be had to the jurors summoned on,another.</p> <p>■0. The disqualification of persons for jury service by reason of the non-payment of their “last assessed capitation tax,” as contemplated in Section 1, Chapter 4015, laws of 1891, do