Legal Opinion

Zapf v. State

Supreme Court of Florida

Decided January 15, 1895PublishedCited by 5 opinions

Writ of Error to the Circuit Court for Dade county. The facts of the case are stated in the opinion of the court.

1Opinion of the Court

Liddon, J.:

The plaintiff in error was indicted and convicted of the crime of keeping a gambling house. Numerous errors are assigned, but a vital one occurring at the beginning of the trial, those subsequently appearing-are not open for discussion. The only entry in the record as to the calling of a jury in the case is as follows: “The State of Florida vs. George Zapf, indicted for keeping a gambling house. The following jury were impaneled to try this cause” (names of jurors here follow). The record is fatally defective in not showing that the jury were sworn. There is such a recital in the…

2Cases cited4 opinions

  1. State v. PotterSupreme Court of Connecticut · 1846
  2. Brown v. StateSupreme Court of Florida · 1892
  3. Porter v. People ex rel. CassNew York Supreme Court · 1852
  4. Lyman v. PeopleAppellate Court of Illinois · 1880

3Cited by5 opinions

  1. State v. MitchellSupreme Court of Missouri · 1906
  2. State Ex Rel. Green v. PearsonSupreme Court of Florida · 1943
  3. Ready v. Safeway Rock CompanySupreme Court of Florida · 1946
  4. State v. FlanaganSupreme Court of Louisiana · 1969
  5. State v. FlanaganSupreme Court of Louisiana · 1969

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