Montgomery v. State

Citations

• 53 Fla. 115

Syllabus

<p>1. A challenge to the array of petit jurors by a colored person upon trial charged with crime, properly raising the objection that the sheriff charged with summoning venires for petit jurors from the body of the county discriminated against persons of. color, solely on account of their color, in executing the venire, being based upon, allegations of fact not appearing in the record, if controverted by the state, must be supported by evidence on the part of the defendant, even though such challenge to the array is verified by the affidavit of the defendant.</p> <p>2. Where the defendant offers proof of a properly presented challenge to the array of petit jurors, and the state fails to join issue on the challenge, but demurs thereto, the allegations of the challenge are to be taken as true. The demurrer ought to be overruled and the state permitted to take issue thereon. The issue so raised is to be tried by the court on the proofs offered by the parties.</p> <p>3. The presumption is that those administering the laws have properly discharged their duty, and against any misconduct on their part until the contrary is made to appear.</p> <p>4. A defendant on trial, charged with crime, has no right, because of his color, to require the sheriff, in, executing a venire, to select or summon any number of colored! men to serve as jurors to try him upon a criminal charge. The law does not require that a colored man be tried for a criminal offense by a jury composed in whole or in part of colored men.</p> <p>5. The equal protection of the laws is not denied to colored persons by a law which makes no discrimination against the colored race in terms, but which grants a discretion to certain officers, which can be used to the abridgment of the rights of colored persons to serve on petit juries, where it is not shown, that the actual administration of the law was evil, but only that evil was possible under it.</p> <p>6. The mere fact that the sheriff, in executing a venire for p