Nicholson v. State

Citations

• 38 Fla. 99

Syllabus

<p>CRIMINAL LAW — BAILIFF TO JURY — HOW APPOINTED AND QUALIFED— SUBSTITUTION OF ONE BVILIFF FOR ANOTHER IN PRISONER’S ABSENCE AFTER JURY RETIRES.</p> <p>1. The term “bailiff” is one that is applied to deputies of the sheriff, because of the special duty assigned to them of guarding or protecting juries from improper communications and intrusions. In the performance of such duty they act as deputies of the sheriff, and must get their appointment and authority from him, even thought they be deputized for that specific duty alone. The Circuit Judges have no authority to appoint them. The Circuit Judges are authorized by statute to appoint a sheriff to attend upon a term of court only when the sheriff' fails to attend such term in person or by deputy.</p> <p>2. The sheriff himself may act as bailiff to a jury, in which case no special oath is required to be administered to him as to the faithful performance of such duty, but when the duty is assigned to one of his deputies specially appointed for that specific duty alone a special oath is necessary to be administered to him. Such oath can properly be administered by the clerk in the absence of the judge, and during a recess of court.</p> <p>3. Where a sworn bailiff, in charge of a retired jury engaged in deliberation upon its verdict in a capital case, is relieved by the sheriff in the absence of the judge, the prisoner and his counsel, and the jury put by the sheriff in charge of another duly sworn and deputized bailiff, it furnishes no ground for a new trial or for reversal on writ of error, where it appears that the jury have remained continuously in charge of a properly sworn officer and nothing is shown indicating that the jury was at all subjected to any outside or improper communica - tions or influences.</p>