Lovett v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. STATEMENT. The plaintiff in error was indicted at the Pall term, A. D. 1891, of Duval Circuit Court, for the murder of March Scroggins.
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Writ of Error to the Circuit Court for Duval county. STATEMENT. The plaintiff in error was indicted at the Pall term, A. D. 1891, of Duval Circuit Court, for the murder of March Scroggins. The indictment appears to have .been presented by the grand jury in open court, November 20th, 1891, and, as the transcript of the record reads, exclusive of the bill of exceptions: “ After-wards, to-wit: On the tenth day of December, one' thousand eight hundred and ninety-one, at a term of the Circuit Court of the 4th Judicial Circuit, in and for the county aforesaid, held at the city of Jacksonville, came…
1Opinion of the Court
Raney, C. J.:
That it was necessary for the defendant, who was on trial for murder in the first degree, and was convicted of it, to be personally present during the trial and preceding the sentence, as well as when sentenced, is of course not denied; Holton vs. State, 2 Fla., 476, 500; Gladden vs. State, 12 Fla., 562, 577; Irwin vs. State, 19 Fla., 872, 891; Sneed vs. State, 5 Ark., 431; and that it is necessary that the record should show his personal presence is equally unquestionable. 1 Chitty’s Cr. Law, 337, 411, 414; Bishop’s Cr. Pro., sec. 1180; sec. 11, Bill of Rights Constitution 1885.…
2Cases cited18 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Savage v. StateSupreme Court of Florida · 1882
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- Gladden v. StateSupreme Court of Florida · 1868
- Dyson v. StateMississippi Supreme Court · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Francis v. StateSupreme Court of Florida · 1982
- Lovett v. StateSupreme Court of Florida · 1892
- Jacksonville, Tampa & Key West Railway Co. v. BoySupreme Court of Florida · 1894
- McCoy v. StateSupreme Court of Florida · 1898
- French v. StateWisconsin Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.