Jenkins v. State

Citations

• 31 Fla. 190

Syllabus

<p>.'Summoning witnesses at cost of state subject to legislative REGULATION.</p> <p>1. Section 2868, Revised Statutes, prescribing the requisites to be complied with by parties charged with crime in applications for the procurement of witnesses for their defense at the cost of the State; held, to be a proper legislative regulation of the constitutional right,'that “in all criminal prosecutions the accused shall have compulsory process for the attendance of witnesses in his favor.” And, Held further, that when the cost of the procurement of such witnesses is initiatorily proposed to be thrown upon the State, a sound judicial discretion is reposed in the trial judge to decide as to whether the statutory requisites have been properly complied with, and as to the Iona fides of the application.</p> <p>2. Applications under Section 2868, Revised Statutes, for the procurement of witnesses, at the cost of the State, for the defense of parties charged with crime, should be seasonably made at the earliest reasonable opportunity, and not withheld until the cause is actually called for trial.</p>