Palmquist v. State

Citations

• 30 Fla. 73

Syllabus

<p>1. In a criminal prosecution where the only evidence as to the swearing of the jury is a recital m the record that the jurors were sworn according to law. such recital is sufficient to show a proper swearing of the jury.</p> <p>S. In cases of felony it is essential that the record should show the accused was personally present during the trial, as well as when the sentence of law is passed upon him; but this fact will sufficiently appear if the record affirmatively shows either expressly or by reasonable intendment, or m substance, that he was present during the trial.</p> <p>8. The following recital in a record: -'“And now comes the defendant by his attorney and enters.his plea of not guilty,-’ shows an appearance by an attorney, and not a personal appearance of the accused; and a memorandum made by the clerk on the back of an information that the accuse*d, being arraigned in open court, to the information pleaded not guilty, but which was not incorporated into the record proper of the case, cannot be allowed to contradict the record as to the appearance of the accused, or to furnish evidence of his personal presence at the trial.</p>