29 Fla. 543 | Fla. | 1892
An information was filed in the Criminal Court of Record of Duval county on the second day of November, A. D. 1891, by the county solicitor of said court against the plaintiff in error, charging him with the crime of perjury. After an arraignment upon this in
No objection was made in the Criminal Court, nor is any presented here, to the sufficiency of the information, and it is not necessary to set it out in this opinion.
After an examination of the record before us we have become convinced that the judgment of the lower court must be reversed and the cause remanded.
We will refer to only two of the objections presented here to the validity of the judgment rendered against the plaintiff in error, and both of these relate to the sufficiency of the record of the proceedings against him in the trial court. It is claimed in the first place that the record does not show that the jury who rendered the verdict against the plaintiff in error was sworn. From the record entries, as appears from the transcript before us, we find no mention made of the jury’s having been sworn. The minute of the court in reference to the trial of the accused, as made to appear to us, is in this language, viz: “ And now comes the County Solicitor, and the defendant in the above en
Our statute provides “that it shall be the duty of the judges of the circuit courts of this State, upon the trial of any person or persons charged with crime or misdemeanor in said court, to sign and seal, upon request, any bill of exceptions taken during the progress of the cause and tendered to the court: Provided, The said bill of exceptions as tendered, fairly state the truth of the matter and the exceptions designed to be taken; and the same shall, when signed, become apart of the record of such cause.” Sec. 1, Chapter 138, Laws of 1848, sec. 1, page 454, McClellan’s Digest. At
We notice another objection urged here to the judgment of the court, and which is, that the accused was not present when sentence was pronounced against him.
The record shows that the trial was had and verdict rendered on the 14th day of November, A. D. 1891. On the 16th day of that month it appears that the accused entered into bond for his attendance from day to day on the court, and in reference to the sentence of the court the record entry is as follows :
“Saturday, November 28th, A. D. 1891.
State of Florida ) vs. W. T. Brown. )
Information for Perjury.
“By virtue of the verdict with recommendation to the extreme mercy of the court rendered on a prior date in the above entitled cause, it is hereby ordered and adjudged by the court that you, W. T. Brown, be taken by the sheriff of Duval county, Florida, or his lawful deputy, to the State’s prison of the State of Florida, and delivered to the principal keejier thereof, and there to be confined in said State’s prison, at hard labor, for the period of three years from the date of your incarceration therein. The motion for new trial duly made in the above entitled cause is hereby ordered, overruled and denied. Exception noted.”
The motion for new trial mentioned in the above order is signed by counsel for plaintiff in error.
The record in this case has not been properly made up, and in the transcript before us papers are copied without anything to show how they found their way into the case. The reversal here is upon grounds which should not have existed, and they can be avoided
The judgment is reversed, the cause remanded, and a new trial awarded.