Jenkins v. State

Citations

• 35 Fla. 737

Syllabus

<p>1. In pleas in abatement setting up simply irregularities in> the-selection of jurors, the greatest accuracy and precision, in pleading are required, and such pleas must be certain to every intent.</p> <p>2. Chapter 4015, acts of 1891, was repealed by Chapter 4122, acts of 1893, but the latter act did not repeal section 1157 of the Revised-Statutes, authorizing Circuit Courts, whenever for any cause-no petit jurors, or less than the whole number, had not been, drawn or summoned in the manner provided by law for any-regular or special term of the Circuit Court, to issue a special venire for a sufficient number of such jurors for such term, to be summoned from the bystanders, or the body of the county at large; and a plea in abatement alleging simply that, an indictment was found by a grand jury not drawn according to the act of 1893, but was summoned from the body of the county at large, is bad on demurrer.</p> <p>3. By section 2813 R. S., as well as by public policy, a grand juror should not be permitted to state or testify in any court in what manner be or any other member of thejgrand' jury voted on any question before them, or what opinion was- expressed-by any juror in relation to such question, and to- this extent the secrecy of the grand jury room is absolute, but neither by statute nor public policy is the sanctity of the grand jury room carried further than the restriction embodied in section. 2813, and a member of a grand jury maybe required by the-court, when public justice demands it, to testify to any fact, otherwise competent, and which does not violate the restriction stated. The express provision in section 2814 as to the cases in which a grand juror may be required to testify does not ex. elude an enquiry into other cases sanctioned by law.</p> <p>4. It is made the duty of the State Attorney, when required by the grand-jury, to examine witnesses in its presence, and to give it advice upon legal matters, and whenever it is proper for a grand juror