Dixon v. State
Supreme Court of Florida
Thomas Dixon was indicted for and convicted of murder in the first degree in the Circuit Court for Duval county. He moved an arrest of judgment on the following grounds: “First. There was no legal arraignment of the prisoner. “ Second. The court erred in excusing all the regular panel but one juror, thereby compelling the defendant to choose the remaining eleven jurors to try him, from talesmen and bystanders. “ Third.
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Thomas Dixon was indicted for and convicted of murder in the first degree in the Circuit Court for Duval county. He moved an arrest of judgment on the following grounds: “First. There was no legal arraignment of the prisoner. “ Second. The court erred in excusing all the regular panel but one juror, thereby compelling the defendant to choose the remaining eleven jurors to try him, from talesmen and bystanders. “ Third. There is not a sufficient identity of the prisoner in connecting him with the act alleged to be committed to warrant a conviction. “Fourth. The verdict of the jury is contrary…
1Opinion of the CourtWestcott, J.
The causes on which a motion in arrest of judgment should be grounded, are confined to objections which arise upon the face of the record itself. The matters set up in most of the grounds above stated for the motion, would have been applicable to a motion to set aside the verdict and for new trial in the court below. No such motion being made in the Circuit Court, we have here no action of the court below' in this respect to review, and it is too late to ask for a new trial in this court on account of the general character of the evidence and like matter.
The first ground for the motion is,…
2Cases cited5 opinions
- People v. CorbettCalifornia Supreme Court · 1865
- Douglass v. StateWisconsin Supreme Court · 1854
- Cook v. StateSupreme Court of Georgia · 1858
- State v. HughesSupreme Court of Alabama · 1840
- Harrell v. StringfieldSupreme Court of Iowa · 1839
3Cited by9 opinions
- Hall v. StateSupreme Court of Florida · 1939
- Hodge v. StateSupreme Court of Florida · 1890
- United States v. AurandtNew Mexico Supreme Court · 1910
- Knight v. StateSupreme Court of Florida · 1900
- Bassett v. StateSupreme Court of Florida · 1902
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