Denmark v. State

Citations

• 43 Fla. 182

Syllabus

<p>Criminal law — Grand, juror as trial juror — Waiving challenge— Section 2853 Revised Statutes construed — Sealing charges.</p> <p>]. The inhibition placed by section 2851 Revised Statutes upon the serving of a grand juror as a member of the trial jury to try an indictment found by him as such grand juror is clearly and expressly made conditional upon a challenge being interposed by the defendant for that cause. The effect of the statute is not absolutely to disqualify a grand juror from serving on a trial jury to try indictments found by such grand juror, but makes it only a ground of challenge for cause, which challenge the defendant may waive or not as he sees proper. By accepting the juror without exercising this right of challenge given him by the statute the defendant waives such right, and it is too late after verdict to claim the benefit of it. It is the right and duty of defendants in criminal trials to' discover on the voir dire examination of talesmen offered as trial jurors disqualifications in and grounds of challenge for cause to, such talesmen, and if they fail so to do, they cannot, after verdict, avail themselves of their ignorance of the existence of such grounds of challenge.</p> <p>2. Since the adoption of our Revised Statutes in 1892, the formality of sealing charges by the trial judge is no longer required.</p>