Whitten v. State

Citations

• 86 Fla. 111
• 97 So. 496

Syllabus

<p>1. The provisions of Section 12, Chapter 8513, Laws of Florida, 1921, creating the County of Hardee from a part of the territory of the County of DeSoto, with the delivery of an indictment charging a capital offense, returned by a grand jury of DeSoto County prior to the enactment of this statute, to the clerk of the circuit court of Hardee County, as required by-the statute, operate to transfer the case to that county and’ confer jurisdiction upon the circuit court in and for Hardee^ County to hear and determine it.</p> <p>2. Allegations of an affidavit of defendant in support of a motion in arrest of judgment setting up irregularities in the-arraignment of defendant are not sufficient to overthrow formal record entries contained in the minutes of the proceedings reciting the due arraignment of the defendant of: which the trial court takes notice.</p> <p>3. The trial court denied a motion in arrest of judgment. The-motion was supported by an affidavit of defendant to the' effect that when called for arraignment and asked if he answered to the name of “Whidden” as stated in the indictment, replied that he did not but that his name was “Whitten,” whereupon the state attorney announced that he would have the error corrected but continued to read the indictment, reading it through, after which the defendant made a statement to the court and the court announced that he would not accept the plea tendered by the defendant but would appoint an attorney to represent him, and thereafter the court did appoint attorneys to represent him, but he was never arraigned in the presence of said attorneys and in fact never entered any plea to the indictment. The, record cites and' the trial judge certifies that the defendant, “being duly arraigned according to law, did in his own proper person plead not guilty.” In the indictment contained in the transcript of the record and in the original indictment sent to this Court for inspection the name of the defendant is given as “Whit-ten