McClerkin v. State

Citations

• 20 Fla. 879

Syllabus

<p>1. In order to convict a defendant of the crime of perjury, the of-fence must be proved by the oath of two witnesses, or by the oath of one witness and by other independent and corroborating circumstances which is deemed of equal weight with another witness.</p> <p>2. After the jury retired to their room to consider of their verdict the Judge went home. Upon the return of the Judge the jury came into court to deliver their verdict. The Clerk was absent. The jurors were called and answered to their names, were then asked by the Judge if they had agreed upon their verdict, and having answered that they had so agreed, delivered the same in writing to the Judge. The Judge received the verdict and handed it to the Sheriff, and then adjourned the court until the following day. Before the Judge left the court room the Clerk came in, the Sheriff gave him the verdict of the jury and he recorded it in the minutes of the court: Held, not to be error ; the Clerk is only the official scribe of the court. He is to keep regular and fair minutes of all the proceedings of the court. The duty of signing the minutes so kept by the Clerk is imposed upon the Judge, and his signature alone gives them verity.</p> <p>8. The Judge may keep his own minutes of the court by entering them himself, make his own adjournments, swear the witnesses, receive the verdict from the jury, and record or cause the same to be recorded in the minutes, which he subsequently verifies by his signature.</p> <p>4. A motion in arrest of judgment arises from intrinsic causes appearing upon the face of the record. It is not the proper remedy for a wrong verdict, nor is it the proper remedy for an illegal admission of evidence. It does not and cannot take place and answer the purposes of a motion for anew trial.</p>