Denham v. State

Citations

• 22 Fla. 664

Syllabus

<p>1. An application'for a continuance is always addressed to the sound discretion of the court, and such discretion will not be controlled by .the Appellate Court, unless it. appears that the court below acted unfairly and abused-its authority, whereby the rights'of the party may have been jeopardized.</p> <p>3. It is not error for the’ court of its own motion, after having fully ’ charged the jury ill a criminal case, to read,to them the section of the statute applicable in regard to recommendation to mercy .in case of the conviction of the .prisoner. ...</p> <p>3. Where, the record shows that the'“ case was called and the prisoner duly arraigned,” and again that the “ defendant was arraigned and the indictment in said cause was read to him and the question was askted of him, Are you guilty or not guilty, to which he ■ ' replied, Not guilty,” upon which plea he went to trial without any objection, it is held to be a sufficient arraignment.</p> <p>4. The record shows that the oath administered to the jurors on their vow dwe was as follows: “You and each of you do solemnly swear, you shall give to such questions as may be propounded to you, touching your competency as jurors,' as shall be the, truth, the whole truth,, and nothing but, the truth, So help you God.” No objection to the form of the oath was made. The jurors were accepted, duly sworn and tried the cause. There is no particular form for such oath prescribed by statute ; Held, not to be error.</p> <p>5. A venireman sworn on his voir dire stated that he had formed an opinion from what had been told him. The court then asked him if the impressions that had been made on his mind by what he had heard would readily yield to the evidence on the trial, and he replied that they would. The court ruled that he was a competent juror ; Held, Not to be error.</p> <p>6. Murder in this State is no longer a common law offence, but is a statutory one, and is divided into three classes. In the first it must be premeditated,