Green v. State

Citations

• 60 Fla. 22

Syllabus

<p>Criminal Law & Recalling Discharged Grand Jury— Objections to Grand Jury Must Be Taken By Plea in Abatement Before Pleading in Bar—Objections to the Drawing and Selection of Trial Jurors Cannot Be Made By Motion in Arrest of Judgment.</p> <p>1. A grand jury that has been discharged or dismissed may be recalled and reassembled during the same term of the court, and indictments then properly returned by them are valid, and it is not necessary in such a case for the judge to make a formal order vacating Ms order discharging such grand jury, since the order recalling them is tantamount to a vacation of the order discharging them.</p> <p>2. All objections to the legality of grand jurors must be made by plea in abatement to the indictment before pleading in bar; by pleading in bar the defendant waives any irregularity that may have been taken advantage of by plea in abatement.</p> <p>3. Irregularities in the drawing and selection of trial jurors may be urged by a challenge to the array before going to trial, such objections come too late after verdict and have no place in a motion for new trial or in arrest of judgment. The defendant by going to trial before a jury without any objections waives all irregularity in the drawing, summoning and impanelling of such jurors.</p> <p>4. Kvidence hold to sustain the verdict of conviction of murder in the first degree: PAIIKHIUj, J., dissents, being of the opinion that the evidence makes out only a ease of manslaughter.</p>