Jordan v. State

Citations

• 22 Fla. 528

Syllabus

<p>1. A motion in arrest of judgment is only available to reach errors which are apparent upon the record.</p> <p>2. When an indictment contains good and bad counts, and there is a general verdict of guilty rendered upon the whole, a judgment and sentence will be sustained if the indictment contains one count in which the offence is adequately set forth.</p> <p>3. The order and method for the submission of testimony to a jury is in the sound discretion of the presiding judge, and a new tidal will not he granted because the judge permitted further testimony to be introduced after the evidence had been closed on both sides and argument of counsel had commenced, unless it he shown that the prisoner was prejudiced thereby in some other way than by its mere irregularity.</p> <p>4. Under chap. 3413 and chap. 3416, Acts 1883, a single act of selling spirituous, vihous or malt liquor without having first obtained a license, is violation of the law.</p> <p>5. When a person is charged in an indictment with unlawfully carrying on the business of a dealer in spirituous liquors for which a State license is. required by law without first having obtained such license it is unnecessary to state the names of persons to whom, sales were made.</p> <p>6. An expression of opiniou by a juror during a recess of the court, and while the trial was pending, as to the guilt of the prisoner, while reprehensible conduct, is not a sufficient cause to set aside the verdict unless it appear from such expression that such juror had a previous opinion, irrespective of that derived from the evidence submitted.</p>