guilty of perjury therein, the court may immediately commit such witness or party by an order or process for that purpose, or may take a recognizance with securities for his appearing to answer to an indictment for perjury; and thereupon the witnesses to establish such perjury may, if present, be bound over to the proper court, and notice of the proceedings shall forthwith be given to the State Attorney. (f) cases, to grant SEC. 12. The Judge of the court having cognizance of the Judge of the offence shall have power to bail a prisoner, if he should be of court, in certain opinion that it is a bailable offence, although the Justice was bail. of a different opinion. (g) SEC. 13. Bail may be required upon suits for infraction of Bail. penal laws, or by order of the court. (g) CHAPTER 86. CRIMINAL PROCEEDINGS-INDICTMENT. 1. Style of process; all prosecutions to be conducted in name of the State. 2. What crimes to be tried by indictment and what otherwise. 3. Manner of signing and endorsing all indictments. 4. All misdemeanors to be tried upon presentment, indictment or information. 5. In what cases name of prosecutor to be set at foot of indictment; when prosecutor liable for costs. 6. Certain allegations not necessary in indictments; not to be quashed for omission of certain words. 7. What allegations to be sufficient in indictments for forgery; what not to be deemed a variance. 8. Certain averments not necessary in prosecutions and trials for the offences of buying, receiving, or aiding in the concealment of stolen property. 9. What to be deemed necessary averments in indictments for embezzlement or fraudulent conversion of property; what not to be deemed a variance at the trial. 10. Indictments not to be quashed for defect in form. 11. When State Attorney to specify offences charged in indict ment. 12. When details of offence charged to be specified in writing. 13. No motion in arrest of judgment or new trial granted when a fair and impartial trial can be had by the foregoing proceedings. process. SECTION 1. The style of all process shall be, "The State of Style of Florida," and all prosecutions shall be conducted in the name and by the authority of the same. (a) SEC. 2. No person shall be tried for a capital or otherwise (f) Sec. 5, Sub-Chap. 6, Chap. 1637, Act of Aug. 6, 1868. (g) Secs. 9 and 19, Act of Nov. 19, 1828. 12 Fla., 190. What crimes, triable on indictment, and what oth erwise. 12 Fla., 153. 17 Fla., 183-192. Indictments, endorsed. infamous crime, (except in cases of impeachment, and in cases of the militia when in active service in time of war, or which the State may keep with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment and indictment by a grand jury. (b) SEC. 3. All indictments shall be signed by the prosecuting how signed and attorney, and endorsed on the back by the foreman of the grand jury, when so found," a true bill;" and when not found, 'not a true bill," and signed by him; and in all presentments for penal offences, the presentments shall be signed by the foreman of the grand jury. (c) 6 Fla., 39-306679. 13 Fla., 651. 14 Fla., 153. 12 Fla., 562. Indictment or information. Prosecutors at foot of 66 SEC. 4. Every misdemeanor of which the Circuit Court shall have jurisdiction, may be tried upon presentment or indictment by a grand jury, or upon information filed by the State Attorney, or the duly authorized prosecuting attorney of the Circuit Court. (d) SEC. 5. In all cases of assault and battery, trespass, or libel, name to be put a prosecutor shall be set at the foot of the indictment, who shall be liable for costs upon failure in the prosecution, and in no other cases shall it be necessary. (e) dictment in certain case. 3 Fla., 202. Allegations in indictments. Allegation in indictment. Averments not necessary in certain indictments. Indictment for embezzlement or fraudulent conversion, what shall be sufficient. SEC. 6. It shall not be necessary to allege in an indictment or complaint that the offence charged is a felony, or felonious, or done feloniously; nor shall any indictment or complaint be quashed or deemed invalid by reason of the omission of the words" felony," "felonious," or " feloniously." (f) (1) SEC. 7. When an intent to defraud is required to constitute the offence of forgery, or any offence, it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded; and on the trial it shall be sufficient, and shall not be deemed a variance, if there appears to be an intent to defraud the United States, or any State, county, city, town, or parish, or any body corporate, or any public officer in his official capacity, or any copartnership or members thereof, or any particular person. (g) SEC. 8. In prosecutions for the offence of buying, receiving, or aiding in the concealment of stolen property, known to have been stolen, it shall not be necessary to aver, nor on the trial thereof, to prove, that the person who stole the property has been convicted. (h) SEC. 9. In prosecutions for the offence of embezzling, fraudulently converting to one's own use, or fraudulently taking and secreting with intent so to embezzle or convert the bul (b) Sec. 8, Dec. of Rights, Const. of 1868. (c) Sec. 15, Act of Nov. 19, 1828. (d) Sec. 1. Chap. 2092, Act of Feb. 7, 1877. (e) Sec. 77, Act of Feb. 10, 1832. (f) Sec. 2, Sub-Chap. 11, Chap. 1637, Act of Aug. 6, 1868. (g) Sec. 13. Sub-Chap. 5, Chap. 1637, Act of Aug. 6, 1838. (h) Sec. 41, Sub-Chap. 6, Chap. 1637. Act of Aug. 6, 1868. (1) 2 Fla., 476; 6 Fla., 39; 9 Fla., 236, 409, 422; 13 Fla., 671; 17 Fla., 381; 15 Fla., 591; 17 Fla., 215, 386. lion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money of any person, bank, incorporated company, or copartnership, by a cashier or other officer, clerk, agent or servant of such person, bank, incorporated company, or copartnership, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion, or taking with such intent, of money to a certain amount, without specifying any particulars of such embezzlement; and on the trial evidence may be given of any such embezzlement, fraudulent conversion or taking with intent, committed within six months next after the time stated in the indictment; and it shall be sufficient to maintain the charge in the indictment, and shall not be deemed a variance, if it is proved that any bullion, money, notes, bank notes, check, draft, bill of exchange, or other security for money, of such person, bank, incorporated company or copartnership, of whatever amount, was fraudulently embezzled, converted or taken with intent, by such cashier or other officer, clerk, agent or servant, within said period of six months. (i) SEC. 10. No indictment shall be quashed, or judgment in a Indictment criminal case be arrested, or new trial granted, on account of shall not be quashed for any defect in the form of the said indictment, or of misjoinder defect in form. of offences, or of failure to conclude in proper form against the statute or statutes, or for any other cause whatsoever, unless the court hearing and deciding upon any such application shall be of opinion that the said indictment was so vague, indistinct and indefinite as to mislead the accused and embarrass him, her or them in the preparation of his, her or their defence, or expose him, her or them, after conviction or acquittal, to substantial danger of a new prosecution for the same offence. (j) 9 Fla., 422. SEC. 11. At any time before trial when it shall appear to the State Attorneys court that an indictment is vague and indefinite as aforesaid, offences shall specify it shall be the duty of said court, on the application of the ac- charged. cused, to require the State Attorney to specify in writing all the details of the offence charged against said accused with sufficient distinctness as to avoid the said objection, which specification shall be deemed and taken to be a part of the said indictment. (j) charged to be SEC. 12. At any time either before or after trial, when it Details of shall appear to the court, on the application of the accused, offences that the vagueness of the indictment would expose the accused specified. to substantial danger of a new indictment for the same offence, it shall be the duty of the said court to require the State Attorney to specify in writing the details of the offence charged against the said accused with sufficient distinctness as to obviate the said objection, which specification shall constitute a part of the record in said case. (j) (i) Sec. 38, Sub-Chap. 4, Chap. 1637. Act of Aug. 6, 1868. (j) Secs. 1, 2 and 3, Chap. 1107, Act of Feb. 2, 1881. Motion in arrest of judgment. SEC. 13. No motion to quash, in arrest of judgment or for a new trial shall be granted, whenever in the opinion of the court hearing the same, the accused can be secured in a fair and impartial trial in all his, her or their legal privileges, hy either of the foregoing proceedings. (j) CHAPTER 87. CRIMINAL PROCEEDINGS-TRIAL, SENTENCE. 1. Duty of Sheriff when person is indicted for a felony; when prisoner is in custody and indicted, trial to be had, usless for good cause; prisoner allowed counsel. 2. In what cases prisoner may demand trial; when court to allow trial; if prisoner not indicted at second term to be discharged. 3. Prisoner allowed copy of indictment and of panel of jury; approvers not allowed. 4. Jurisdiction when offence is commenced in one county and terminated in another. 5. Trial by jury secured forever; accused may appear and defend in person or by counsel. 6. Issues of fact joined upon information or indictment to be tried by jury when jury may be waived. 7. In trials for felony prisoner must be present in Court; for smaller offences, at his request prisoner may leave Court during trial. called as a juror upon his voir dire ; if juror is not indifferent, to stand aside. 11. Liability to pay taxes not a cause for challenge in certain trials. 12. Oath to be administered jurors in cases not capital; oath in capital cases; jurors can make affirmation. 13. Person opposed to capital punishment disqualified as a juror. 14. No person to be tried twice for same offence; nor be deprived of life, liberty or property without due process of law. 15. Verdict for part of offence may be rendered, and prisoner acquitted of remainder and then sentenced. 16. Former conviction or acquittal of duelling may be pleaded. 17. Verdict to be rendered in cases of justifiable and excusable homicide. 18. Jury may recommend to 8. Court may order view by jury mercy. in any criminal case. 9. Number of challenges allowed accused; number allowed State; in what cases juror may be challenged for ignorance. 10. The Court, on motion of either party, shall examine person 19. In cases of conviction of capital offence majority of jury may recommend to mercy; effect of such recommendation. 20. In acquittals for insanity jury shall state cause; if such person is dangerous, Court may order (j) Sec. 4, Caap. 1107, Act of Feb. 2, 1861. his arrest; such person may be committed to jail, or his friends may give security for his care and protection. 21. When defendant or his counsel allowed concluding argument before the jury. to give bond to keep the peace. 34. Proceedings to be had in case of breach of peace bond. 35. Duty of Clerk in cases of conviction. 36. In trials in Circuit Court persons may be convicted of of 22. Proceedings as to setting fence cognizable by an inferior aside verdict. 23. Duty of Court when jury disagrees. 24. Criminal docket to be tried first. 25. Cases in which change of venue is allowed; manner of allowing change of venue. 26. Where all criminal cases to be tried; when Court to order change of venue. 27. Judge's power to order transfer of suits in certain cases. 28. Change of venue may be had when it is impossible to get a Grand Jury. 29. Proceedings to be had upon change. 30. Bail required of accused in case of change of venue; proceedings to be had upon failure to give bail. 31. In case of change, State witnesses to be recognized. 32. Duty of Clerk in such cases. 33. Courts may require convicts Court. 37 Form of sentence when sentenced to State Prison. 38. Form of sentence when sentenced to county jail. . 39. Proceedings to be had in case of sentence when no jail in the county; by whom expenses of caring for prisoner borne. 40. Duty of Clerk in cases of sentence of death; duty of Sheriff. 41. Death sentence, how inflicted. 42. Who shall be present at the hanging. 43. What to be done with death warrant after execution. 44. Repeal of certain laws. 45. Provisions of Chapter 1637, Act of 1868, to prevail against any pre-existing laws. 46. Punishment how inflicted. of whipping, 47. Sheriff may employ another to do whipping. Time of trial. 17 Fla., 193. SECTION 1. After any person shall be indicted for felony, if, he be not already in custody, the sheriff shall be commanded to attach his body by a writ of capias; and when a grand jury 12 Fla., 532 shall have presented to a Circuit Court a bill of indictment 6 Fla., 30. for felony, and the prisoner be in custody, the court shall cause 9 Fla., 25. the prisoner to be arraigned and tried at the same term, unless 14 Fla., 74-153. good cause be shown for a continuance, and shall allow him 16 Fla., 564. counsel to assist him in his trial if he desires it. (a) 9 Fla., 165. 13 Fla., 631. 13 Fla. 623-575. SEC. 2. If any person be committed for felony, and shall apply Demand of to the court by motion on the first day of the term, and shall trial. not be indicted at that term, unless it appear to the satisfaction of the court that the witnesses could not be procured, the court shall set him at liberty, upon his giving bail in a reason (a) Sec. 11, Act of Nov. 19, 1828. |