Long v. State

Citations

• 78 Fla. 464
• 83 So. 293

Syllabus

<p>1. The inhibition placed 'by Section. 3907 General Statutes of 1906 upon the serving Of a grand juror as a member.of the trial jury to try an indictment found by a grand jury upon which he served is expressly made conditional upon ia challenge being interposed by the defendant for that cause.</p> <p>2. The effect of the statute is not to absolutely disqualify a grand juror from service on a trial jury to try an indictment found by a grand jury upon -which he served, but makes such service a ground for challenge for cause which may be waived by the defendant or not as he sees proper.</p> <p>3. By accepting such juror without exercising this right 'of challenge given by the statute, the defendant waives such right and it is too late after verdict to claim the benefit of it.</p> <p>4 This court has often held that the defendant is not entitled as 'of right to an instruction to the trial jury to return ia verdict of not guilty.</p> <p>5. It is not error for the trial court to refuse to give requested instructions which are substantially covered by charges given.</p> <p>6. It is well settled that instructions to the jury must be based upon facts in proof and must be applicable to such facts.</p>