Johnson v. State

Citations

• 54 Fla. 45

Syllabus

<p>1. The discharge of a jury without verdict does not constitute former jeopardy, where the jury were unable to agree upon a verdict after repeated instructions, and so stated to the court.</p> <p>2. A plea of former jeopardy is bad that sets forth against the record that the true reason for a discharge of the jury was that a juror had mistaken the case on his voir dire and had in fact formed an opinion as to the merits.</p> <p>3. A judge of a criminal court of record may order a jury from the bystanders when no jury has been drawn from the list; the transcript need not show why the judge failed to draw from the list.</p>