Tillman v. State

Citations

• 58 Fla. 113

Syllabus

<p>1. Assuming that the defendant in a prosecution against him for crime could by appropriate! action in the trial court in the way of pleas, objections or otherwise have raised the question as to the authority and jurisdiction of the judge of the Criminal Court of Record for another county to preside over the court in the trial of such case, where such judge is acting under an order of the Governor, based upon section 3871 of the General Statutes of 1906, where no objections to the authority or jurisdiction of such judge were made in the trial court and no action of any kindi taken by the defendant toward raising such question, he will be deemed to have waived by his silence any such privilege or right he may have had, and will not be permitted to raise such question for the first time in the appellate court.</p> <p>2. No error is made to appear in overruling a motion to quash certain counts in an information, based upon section 3476 of the General Statutes of 1906, charging the defendant with the crime of bribery of a judicial officer, when such information substantially complied with the requirements of such statute. Such information is not fatally defective when it distinctly alleges that the defendant offered' the bribe to the judge of a designated court for the purpose of and in order to influence him “to modify and reduce the sentence” imposed upon a certain named defendant on a prior day of the same term of court, because it does not affirmatively allege that the prosecution against such convicted defendant was still pending in such court at the time such bribe was offered.</p> <p>3. The right of a defendant to make a motion for a new trial, within the time provided by law, is not forfeited by the fact that sentence had been pronounced upon the defendant prior to the making of such motion.</p> <p>4. During the same term of court at which tho'sentence is imposed, before the defendant had begun serving such sentence, the trial judge has the power to modify suc