Roberson v. State

Citations

• 45 Fla. 94

Syllabus

<p>CRIMINAL LAW-ESTABLISHMENT OF LOST OR DESTROYED RECORDS — TRIAL ON SUBSTITUTED COPY OF INDICTMENT — VERDICT AIDED BY RECORD — MALICE HOW MAY BE ESTABLISHED — JUDICIAL NOTICE OF COURT’S OWN RECORDS.</p> <p>1. Sections 1523, 1527 and 1532 of the Revised Statutes, relating to the re-establishment of lost or’ destroyed papers, records, files and proceedings, apply as well to the re-establishment of the papers, records, files and proceedings in a criminal case as to a civil case, and under the provisions of such sections a lost or destroyed indictment in a criminal case may be re-established, if the copy produced for re-establishment be conclusively shown to be an exact and accurate copy of the lost original.</p> <p>5. Under the provisions of section 1532 Revised Statures, notice of an application to the court for the re-establishment of lost or destroyed papers, records, files and proceedings in a criminal case may be served upon the attorney of record for the defendant..</p> <p>3. It is well-settled that a court of record of general jurisdiction has inherent power, independent of any statute, to reestablish its lost or destroyed records and proceedings.</p> <p>i. After a criminal cause has been reversed by the appellate court on writ of .error and a new trial awarded and the appellate court has sent its mandate to the trial court, on a second conviction and writ of error therefrom the appellate court will take judicial notice from its own records that prior to such second trial its mandate had been sent to such trial court reclothing it with jurisdiction to re-try such defendant, even though the transcript of record on such second writ cf error fails to show the filing and lodgment of such mandate in the trial court prior to such second trial.</p> <p>6. When an indictment is lost, the prosecution may proceed to trial on a substituted copy, if exact and the proof of it conclusive.</p> <p>6. Where the verdict of the jury in a capital case is as follows: “We, the jury,