Young v. State

Citations

• 63 Fla. 55

Syllabus

<p>1. In proceeding under a statute, the only safe course to pursue is to comply with all the requirements set forth therein; but the mere failure of the Chairman of the Board of County Commissioners to sign the list of jurors before handing the same to the Clerk of such board for recordation in the minutes, in accordance with the provisions of Section 1571 of the General Statutes, is not sufficient to vitiate an indictment found by a grand jury drawn from such list.</p> <p>2. Pleas in abatement setting up mere irregularities in the selection of jurors should be drawn with the greatest accuracy and precision, and must be certain to every intent. They must leave nothing .to be supplied by intendment, and no supposable special answer unobviated. When it affirmatively appears that no possible injury could accrue to a defendant by an irregularity not amounting to a substantial departure from the requirements of law in the selection and empanel-ling of jurors, an objection thereto should not avail.</p> <p>3. A demurrer to a replication reaches back to the plea and if the plea is defective in substance the judgment of the court in overruling the demurrer must be held to be correct, regardless of the sufficiency of the replication.</p> <p>4. In passing upon an assignment questioning the correctness of the ruling of the trial court in denying a motion for a new trial, which is based upon the sufficiency of the evidence to sustain the verdict, the question thereby presented to an appellate court is whether or not the jurors acting as reasonable men could have found such verdict from the evidence adduced. If this question can be answered in the affirmative, the action of the trial court upon such motion should not be disturbed.</p>