Miller v. State

Citations

• 42 Fla. 266

Syllabus

<p>1. In dilatory pleas the greatest accuracy and precision in statement are required, and they must be certain to every intent and free from ambiguity.</p> <p>2. The statute (Section 13SS Revised Statutes) authorizing State Attorneys to procure assistant counsel by and with the consent of the court, defines and limits their duties in going before grand juries to advise upon legal points and in framing indictments, and it does not contemplate that such assistants may remain with the grand jury while they deliberate and vote on bills and then urge and request them to find a bill.</p> <p>3. The presence of assistant counsel, procured with the consent of the court, before the grand jury during the examination of evidence, and his mere presence at the time a vote is taken on a bill would not be sufficient ground, in the absence of any abuse shown, to set aside the indictment, but when such counsel, after remaining in the grand jury room during the examination of evidence and the deliberation of the jury in the case, including the time when the vote is taken, urge and request the finding of the bill, the policy of the statute is violated and the unbiased judgment of the jury on the merits of the case is invaded. This rule applies with even more force in case the counsel has not been procured with the consent of the court.</p>