Landrum v. State

Citations

• 79 Fla. 189
• 84 So. 535

Syllabus

<p>1. Section 1576, General Statutes, does not designate the particular places at which the notices of the time and place of the drawing of jurors shall be posted, but only requires the posting of such notices shall be in three public places in the count.</p> <p>2. Pleas ini abatement setting up mere irregularities in the selection of jurors should be drawn with the greatest precision and must be certain to every intent. They must leave nothing to be supposed by intendment and no supposable special answer unobviated.</p> <p>3. A plea stating that the notices were posted in certain places all in La,he City without alleging that sai.d places were not . public places is defective and the court committed no error in sustaining a demurrer to such plea.</p> <p>4. Motion for change of venue on account of the hostility of the inhabitants of the county to the defendant is addressed to the sound judicial discretion of the trial judge and this court will not reverse his decision upon such motion unless there is made to appear an abuse of such discretion.</p> <p>5. Where the judge, who passed upon the nwtion, was present, saw the people assemble, heard the evidence upon the motion and no evidence of great hostility appearing upon the examination of the jurors as to their qualifications and the jurors recommending • mercy, when in their power to withhold such recommendation, 'this court, cannot say there was an abuse of the discretion vested in the trial judge.</p> <p>6. The only object in granting a continuance in a criminal case on account of the absence of witnesses is to give the defendant time to secure the attendance of such witnesses, or take their deposition, and when sufficient time is allowed for this purpose, it may he until the next term, or at any special term, or any day during the same term. ■</p> <p>7. ' Defendants in criminal cases applying for continuance on the ground of the absence of witnesses must in all cases show diligence in attempting to procure the' at