Donald v. State

Citations

• 31 Fla. 255

Syllabus

<p>1. A plea in abatement, to an indictment for murder, that the indictment was found upon the assent and concurrence of only eight of the grand jurors is good, and it is error to sustain a demurrer thereto, notwithstanding the provision of Section five of the act of June 6th, 1891 (Section 2802 Revised Statutes), that eight of the grand jury may find an indictment; such provision of the stated section being void under Section ten of the Declaration of Rights, Constitution of 1885. At least twelve grand jurors must concur in an indictment.</p> <p>2. The fifth section of the act of June 6th, 1891, relating- to jurors (Section 2802 Revised Statutes), is valid in so far as it provides that grand juries shall consist of twelve persons.</p>