Royals v. State

Citations

• 73 Fla. 897
• 75 So. 199

Syllabus

<p>1. In a criminal prosecution where the defendant interposes a challenge to the array of jurors, on the ground of unlawful discrimination in their selection or empaneling, on account of race, color or previous condition of servitude, the burden of proof is upon him to establish the charge.</p> <p>2. A challenge to the array of jurors on the ground of unlawful discrimination in their selection by the County Commissioners, is a serious charge, involving not only dereliction of duty, but violation of the Constitution of the United States, and such a charge in a matter in which the law presumes they legally discharged their duty, “should be duly, properly, directly and distinctly alleged, and if not admitted by demurrer or otherwise,” should be proven by very strong and convincing testir mony of witnesses of intelligence and unimpeachable integrity.</p> <p>3. The decision of the trial judge rendered after hearing the testimony, on issue joined on a challenge to the array of jurors on the ground of unlawful discrimination in their selection or empaneling, will not be disturbed unless the record discloses a condition from which tjiis court can infer that he did not give the matter proper consideration.</p>