Ferrell v. State

Citations

• 45 Fla. 26

Syllabus

<p>1. An indictment for bigamy under section 2603 Revised Statutes, -which alleges that at the time of the second marriage the defendant had a lawful living wife by a former marriage therein alleged, is not open to the objection that it fails to allege that the former marriage was a valid marriage or that the second marriage was unlawful, nor is an indictment under that statute bad because of its .failure to allege the time and place of the first marriage, ¡nor because it fails to negative the exceptions mentioned in section 2604 Rev. Stats.</p> <p>2. The court has power to authorize a grand jury to select one of its members as foreman of the body in case the foreman selected at its organization be sick, absent or otherwise unable to act, and the endorsement of true bills by tho foreman so selected willl be valid, even though he endorses them as “foreman,” and not as “acting foreman.”</p> <p>8. Where it appears from the minutes of the court that the grand jury under authority of the court selected one of its members as foreman to act during the absence of the regular foreman who was sick, a bill duly presented by the grand jury, and endorsed by the foreman so selected, will, in the absence of evidence to the contrary, be presumed to have been found, endorsed and presented to the court during the absence of such regular foreman.</p> <p>4. The refusal of the trial court to. permit counsel for defendant in a criminal case to interrogate, the jurors after they were sworn in chief as- to whether they were upon the grand jury that found the indictment can not be disturbed by an appellate court where no excuse for the failure to put the questions on the voir dire examination was shown, except that the matter was “overlooked,” and where it was not suggested to the court that there was any reason to believe that any juror was a member of such'grand jury.</p> <p>5. An original marriage license- from the .office of a • county judge, as well as the original record thereof, are