Newton v. State

Citations

• 21 Fla. 53

Syllabus

<p>1. When at the assembling of a Circuit Court, no grand jurors shall have been summoned in the manner provided by law, it is not error for the Judge presiding to order the Clerk to issue a special venire commanding the Sheriff to summon the number of qualified jurors so ordered from the bystanders, or the body of the county at large.</p> <p>2. Section 1, Chapter 3125, Laws 1879, gives to the court no discretion! in the matter of issuing a commission to take testimony. If the. proof on the part of the accused meets the requirements of the-statute, it is “made the duty of the Judge to order that a commission be issued.”</p> <p>3. In order to avoid the necessity of the issuing of a commission to examine a witness, under such circumstances, it is not sufficient for the prosecutor to admit that if the witness was present or examined on interrogatories, he would testify to the material facts, stated in the affidavit on which the motion is founded. The admission must be of the absolute truth of the facts so stated, or-the accused will be entitled to his commission, or continuance.</p> <p>4. Before the commencement of the trial, counsel for the accused moved the court for an order that all articles in the possession of the State, intended to be used in evidence, be placed in the hands of the Clerk or other officer of the court for their inspection. The State Attorney filed a statement, by which it appears that, all such articles had been seen and examined by counsel for defence and the experts in their behalf, and that they were fully-acquainted with such articles—and further agreeing that such articles should be submitted to counsel for defence before they were so offered in evidence. No denial of this statement was made by the defence. Held,, that in overruling the motion there, was no error.</p> <p>5. The examination of the accused in a criminal case, taken before a. coroner and jury, where such witness was not at the time under-arrest, or charged with the crime, and w