Waldron v. State

Citations

• 41 Fla. 265

Syllabus

<p>1. A plea in abatement for misnomer must not only state the true name of the accused, but it must further allege that he was not commonly known and called by the name under which he stands indicted.</p> <p>2. Where the transcript of record shows by the clerk’s recitals that defendant filed an affidavit for a continuance, and the affidavit is copied into the transcript, but there is nothing in the record proper or bill of exceptions to show that this affidavit was ever brought to the attention of the court, or that any motion for a continuance was ever made, or that the court ever made a ruling upon any application for a continuance, there is no basis of fact for an assignment of error to the effect that the court erred in overruling defendant’s affidavit for a continuance.</p> <p>3. Under Section 1157, Revised Statutes, the trial court has power to order a special venire commanding the sheriff to summon from bystanders or the body of the county at large persons qualified to serve as petit jurors for the second week of the term, whereupon objections duly taken by an accused person and investigation by the court, the latter finds that the venire regularly drawn from the jury box for such second week is illegal because of irregularities in the preparation of said box and the placing of names therein, and on account of such irregularities upon motion of the accused person, quashes such regular venire.</p> <p>4. Upon a charge of an assault with intent to murder, testimony is admissible' which tends to show that the accused on different ■ occasions during several months prior to, and also shortly after, the time the assault was committed, expressed illwill against the party assaulted and threatened to take his life.</p>