Thompson v. State

Citations

• 52 Fla. 113

Syllabus

<p>1. A Circuit Court in the proper county acquires jurisdiction on a change of venue in a criminal case even though the clerk's certificate substitutes for thq statutory-words “relating to the case,” the words “so far as the same relates to the indictment against A for murder,” and ad ually ’ transmits two indictments for murder against A, it clearly appearing that all the proceedings on the change of venue had reference only to the second indictment which is sufficiently identified.</p> <p>2. Section 2934 of the Revised Statutes of 1892, as to the clerk’s duty in transmitting record on change of venue, requires certification only of the copies of the record entries. Original papers are to be transmitted by the clerk, but no certificate is required.</p> <p>3. Even though the clerk transmits on change of- venue two original indictments for the same crime, jurisdiction is not lost thereby when it clearly appears upon which indictment the change was made and trial was had.</p> <p>4. A jury drawn from the box by the court at the end of a. calendar year to serve for the ensuing week of a regular term does not become disqualified to sit by reason of the fact that before a case is actually called a new-jury box has been prepared for the year by the county commissioners. The drawings are to be made from the box provided at the time of the drawings.</p> <p>5. The refusal of the trial court in a criminal case to order a “view” in another county will not be disturbed, no abuse of discretion being shown.</p> <p>6. Objections to questions that may bring out proper testimony are properly overruled.</p> <p>7. A motion to strike testimony must not be too broad. Where part of the testimony so sought to be stricken is clearly proper, the motion may for that reason be denied.</p> <p>8. Testimony for the State in rebuttal to contradict a material fact brought out by the defense is proper.</p> <p>9. The primary penalty imposed being a money fine and costs and in default of payment impr