Gibson v. State
Supreme Court of Florida
Writ of error to the Circuit Court for Jefferson county. The plaintiff in error was convictecLof larceny at the regular spring term of the Circuit Court for Jefferson county, held in March, 1877. Afterwards he entered a motion in. arrest of judgment upon the grounds: 1st. That “ the court erred in not allowing the jury to stand as drawn in January.” , • 2d. “ The law declaring null and void the drawn venire of such jury is unconstitututional.” 3d.
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Writ of error to the Circuit Court for Jefferson county. The plaintiff in error was convictecLof larceny at the regular spring term of the Circuit Court for Jefferson county, held in March, 1877. Afterwards he entered a motion in. arrest of judgment upon the grounds: 1st. That “ the court erred in not allowing the jury to stand as drawn in January.” , • 2d. “ The law declaring null and void the drawn venire of such jury is unconstitututional.” 3d. “ The record does not disclose that the prisoner was tried by a jury of six, taken from a regular panel of eighteen, as required, by law and, 4th.…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
The errors assigned are: 1st, that the court erred in not allowing the jury to stand as drawn in January and returned by the sheriff; 2d, in not deciding that the act of 1877, declaring the selection of jurors made during January, 1877, null and void, was unconstitutional; 3d, in not deciding that the grand jury by which the accused was indicted was illegal.
As to the first assignment, the record does not show that a jury had been drawn in January, or that a jury had been summoned by the sheriff previous to the term at which the *297indictment…
2Cases cited1 opinion
- Collins v. StateSupreme Court of Florida · 1869
3Cited by18 opinions
- State v. BryanSupreme Court of Florida · 1905
- Franklin v. StateSupreme Court of Florida · 2004
- State ex rel. Attorney-General v. GreenSupreme Court of Florida · 1895
- English v. StateSupreme Court of Florida · 1893
- Smith v. StateSupreme Court of Florida · 1892
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