Ford v. State

Citations

• 44 Fla. 421

Syllabus

<p>1. A plea in abatement alleging that after thirteen of the fourteen grand jurors drawn and summoned for a term of court had been examined and found competent to serve, the entire venire was quashed and a new venire issued under which the same thirteen jurors and five others were summoned, and that in the organization of the jury the five only were examined as to their 'qualifications to act as grand jurors, is insufficient and properly ruled out on demurrer.</p> <p>2. Pleas in abatement setting up simply irregularities in the selection of jurors should he drawn with the greatest accuracy and precision and must be certain to every intent.</p> <p>3. The second proviso to section 1 of Chapter 4736, acts of 1899, authorizes the Circuit Court when the list or panel of jurors drawn for a term of court shall be quashed, to direct the sheriff to summon jurors either grand or petit from the body of the county, when the judge shall be satisfied that the public interest will be best subserved thereby.</p> <p>4. A demurrer is properly sustained to a plea in abatement alleging that after thirteen of the fourteen grand jurors drawn and summoned for a term of court had been examined and found competent to serve, the entire venire was quashed and a special venire Issued, and that the deputy sheriff summoned the1 thirteen that had been discharged and five 'others to make up the eighteen members of the grand jury, and that no names were placed in the box and drawn therefrom as provided by the act of 1899, Chapter 4736.</p> <p>5. When it affiratlvely appears that no possible injury could accrue to a defendant by an irregularity not amounting to a substantial departure from the requirements of law in the selection, summoning and 'empanelling of jurors, an objection thereto should not avail.</p>