Peeples v. State

Citations

• 46 Fla. 101

Syllabus

<p>1. A special or extra term provided by law for the circuit courts in this State is a term other than and separate and distinct from the regular spring and fall terms of these courts. The order of a circuit judge calling such a term, but designating it as an adjourned term, is not vitiated by the misnomer, nor is the term of court 'held in pursuance of the order thereby rendered illegal and without authority of law.</p> <p>2. The statutory provisions for procuring jurors in advance of a term of the circuit court, compliance with which requires action by the court officials at least fifteen days in advance of the term, do not by implication forbid the calling of a special term of such court within less than fifteen days from the date of the order. If circumstances demand that a term be held at an earlier date, jurors therefor may be procured as in other cases where none have been previously drawn or summoned.</p> <p>3. An order made at a regular term of the circuit court that a special term of the court in that county be held in the week following that fixed for the convening of the court in the next county is not illegal as ordering a term to be held in one county at a time fixed by law for holding court in another.</p> <p>4. An indictment endorsed “A true bill, Robert C. Hendry, Foreman,” and “Filed March 25th, 1903, H. E. Carlton, Clk., by J. J. Granger, D. C.,” and as to which the minutes recite that “The grand jury came into open court and presented the following indictment, to-wit: State of Florida vs. Joseph H. Peeples, larceny of a domestic animal. A true bill,” is sufficiently shown by the record to have been found or returned' by the grand jury.</p> <p>5. In an indictment for larceny the description of the property charged to 'have been stolen as “one bull, and of the goods and chattels and property of one Hooker Parker,” is not so vague and indefinite as to require a quashal of the indictment.</p> <p>6. Section 2803 of the Revised Statutes which provides