Green v. State

Citations

• 40 Fla. 191

Syllabus

<p>1. If the court erroneously overrules a challenge for cause and thereafter the challenging party excludes the obnoxious juror by a peremptory challenge, he can not be injured by such ruling unless it appears that before the jury was sworn his quiver of peremptory challenges was exhausted-</p> <p>2. There mere fact that the name of a particular person is twice drawn from the same jury box in one year, where there is no evidence that the name was placed in the box on two separate slips of paper intentionally, or fraudulently, or from any improper motive on the part of the officials charged with the preparation of the box, or other person, is no ground for challenge to the array of a special venire containing the second drawing of such name.</p> <p>3. The law does not exclude evidence of confessions made to an officer, even though the party making them be at the time in prison. The fact that they were made to an officer by a prisoner may be considered by the court in determining whether the confession was free and voluntary or produced by duress, hope of reward or other improper influence; but if found to be otherwise admissible the confession should not be excluded for this reason alone-</p> <p>4. In an indictment against seven persons charging that all of them assaulted deceased with a premeditated design to effect death, that one of them committed a felony by murdering the deceased, while the others from a premeditated design to effect death were feloniously present aiding, abetting and as- ■ sisting in the commission thereof, all are indicted as princi- ■ pals; the one in the first degree, and the others in the second degree. In such case a conviction against all of them will be sustained on proper proof that either one committed the murder, and that the others were present, aiding and abetting in the commission of the same, and the acquittal or conviction of a lesser offense than murder in the first degree of any one does not operate as a bar to the conviction