Penton v. State

Citations

• 64 Fla. 411

Syllabus

<p>1. An accused has the right to an impartial jury, but not to any particular persons as jurors. When no injury to the defendant has resulted therefrom, an irregularity not amounting to the denial of a substantial right in the selection and empanelling of the jurors will not avail on objection and exception.</p> <p>2. Where a special venire drawn in one criminal case has been used in another case, and there is nothing to indicate injury or prejudice to the defendant, such proceeding will not cause a reversal of a judgment of conviction.</p> <p>3. It is within the discretion of the trial judge to permit leading questions, and such discretion is not reviewable on writ of error.</p> <p>4. Where there is evidence to sustain a verdict and no material errors of law or procedure that could reasonably have injuriously affected a substantial right of the defendant appear in the record, the judgment will be affirmed.</p>