Metzger v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Brevard county. Metzger was indicted for murder in the first degree. After the arraignment and plea-of not guilty four petit jurors were selected, accepted and sworn, among others one Hoke.
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Writ of Error to the Circuit Court for Brevard county. Metzger was indicted for murder in the first degree. After the arraignment and plea-of not guilty four petit jurors were selected, accepted and sworn, among others one Hoke. The State Attorney, afterward and before other jurors were called, informed the court that since the examination of Hoke on his voire dire he had been informed that Hoke had previously expressed an opinion concerning the case, and had declared that he was opposed to capital punishment, and would not, if he' was a juror, go for capital punishment. Affidavits in support…
1Opinion of the Court
The Chiee-Justice
delivered the opinion of the court.
1. In respect to the first error assigned, the discharging of the juror Hoke on the ground that he had declared in reference to this defendant and the case that as a juror he would not go for capital punishment, but thought it would be better to imprison Metzger for life, it is difficult to discover any violation of duty on the part of the court. The statute says, “ no person whose opinions are such as to preclude him from finding any defendant guilty of an offence punishable with death shall be compelled or allowed to serve as a juror on…
2Cases cited7 opinions
- Dixon v. StateSupreme Court of Florida · 1869
- King v. StateSupreme Court of Alabama · 1867
- John D. C. v. State ex rel. Julia V. H.Supreme Court of Florida · 1878
- Bob v. StateSupreme Court of Alabama · 1858
- Simon v. StateSupreme Court of Florida · 1853
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3Cited by40 opinions
- Traylor v. StateSupreme Court of Florida · 1992
- Garner v. StateSupreme Court of Florida · 1891
- Pope v. StateSupreme Court of Florida · 1922
- Holland v. StateSupreme Court of Florida · 1897
- Campbell v. StateSupreme Court of Florida · 1969
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