English v. State

Citations

• 31 Fla. 356

Syllabus

<p>UPOli. PETITION POE REHEARING—REHEARING DENIED.</p> <p>1. A rehearing will not be granted where the questions that the petition alleges to have been omitted from the consideration of the court were necessarily involved in and determined by the decision, though not in express terms.</p> <p>3. The legal presumption is, that the official acts of grand juries in finding and presenting indictments are lawfully and regularly done ; and that unless twelve of their number concur iu finding au indictment, properly endorsed and regularly presented, it would never have been returned or presented as such.</p> <p>3. The general charge of the court to a grand jury forms no part of the record proper in the trial of any one indicted by such grand jury, but is matter in pais, and cannot be made a part of the record entitling it to consideration on writ of error, unless it can be made so by bill of exceptions; and this can only be done by the judge below so long as he is at liberty to settle and sign such bill. After the expiration of the time limited by him for settling such bill he cannot add new matter thereto by amendment or otherwise.</p>