Yates v. State

Citations

• 43 Fla. 177

Syllabus

<p>1. Under section 2810 Revised Statutes any person held to answer to a criminal charge may object to the competency of one summoned to serve as a grand juror before he is sworn, upon the grounds stated in that section, but in order to make his objection available he must offer proof that his grounds of objection are true, unless it otherwise appears to the court from the record that they are true. It is too late to take the objection after verdict upon trial of the indictment found, even though it appears upon the trial that facts existed which would have authorized the challenge under the statute.</p> <p>2. Section 1152 Revised Statutes does not disqualify persons serving as jurors at one term of court from serving as jurors at a subsequent term during the same year, but creates a personal privilege to an exemption from jury duty at such subsequent term if claimed by the jurors themselves.</p> <p>3. Under section 1096 Revised Statutes which provides that persons who may have been convicted m any court in this State of certain designated crimes shall not be competent witnesses, the conviction includes the judgment or sentence of the court. ' Prior to such sentence the person offered as a witness is competent, even though he may have pleaded guilty to an indictment charging a disqualifying offence.</p> <p>4. A verdict signed by the foreman of the jury, reading “we, the jurors, do find the defendants guilty; so say we all,” shows definitely that such verdict was concurred in by each member of the jury.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>