Smith v. State

Citations

• 29 Fla. 408

Syllabus

<p>1. Under section 1, Chapter 4015, Laws of Florida, providing that grand and petit jurors shall be taken from the registered voters who have paid their last assessed capitation tax in their respective counties, does not contemplate that said tax shall be paid before it becomes due and payable under section 44, Chapter 4010, acts of 1891; and where a grand jury was duly organized for a term of court on the 18th day of October, A. D. 1891, it is held that a failure to pay the capitation tax for that year does not disqualify them to serve as jurors.</p> <p>2. The act, supra. Chapter 4015, is not in conflict with Article III, section 16, Constitution of 1885.</p> <p>S. When an indictment for forgery undertakes to set forth the instrument alleged to be forged according to its tenor, great, partioularity is required and any variance as to the words of such instrument, unless the same be mere fault of spelling, will be fatal, but in an indictment for forgery of any order for the payment of money, the words and figures in the margin of the order, and which constitute no part of the instrument, need not be set out, unless they constitute an essential description of the order.</p> <p>■ 4. Where the ground of the objection to the introduction of a paper in evidence is not stated, and no exception is taken at the time to the decision of the court overruling the objection, the party cannot avail himself of an exception to such decision in a motion for a new trial.</p> <p>'5. The voluntary statement of an accused in reference to his con nection with an offense, may be shown by the State to be untrue.</p> <p>'6. An order drawn by a County Board of Public Instruction, as an allowance for an account approved by the board, and directed to the County Treasurer for the payment of money, is such an instrument, within the meaning of our statute, as can be the subject of forgery.</p> <p>7. In an indictment for forgery of a check, promissory note or order for the payment of money it is s