42 Fla. 567 | Fla. | 1900
The plaintiff in error, hereinafter called the defendant, was indicted for perjury at the Fall term, 1899, of the Circuit Court for Baker county; was tried, convicted and sentenced therefor at the Spring term, 1900, of said court and- took writ of error.
The sixth assignment of error is the overruling of the defendant’s motion in arrest of judgment. This motion was upon the following grounds: 1st. The indictment does not charge an offence under the laws of Florida.
2nd. The indictment purports to charge a crime to-wit: of perjury, committed in a judicial proceeding, and then and therein recites that the false oath (if taken at all) was taken before the grand jury of said county, and was not committed before the court on trial of indictment or information before a court.
3rd. The crime as appears in the laws of Florida in sections 2560 and 2561 (Rev. Stats.) are separate and distinct offences and can not be blended together. A person cannot be convicted on an indictment found for perjury in a judicial proceeding when the false oath was taken before the grand jury of the county. The grand jury is no' judicial body, and cannot hear and determine nor settle a matter judicially.
The indictment assailed by this motion is as follows: “In Circuit Court, for the Fourth Judicial Circuit
State of Florida, vs. William Craft. Indictment for perjury.
In the name and by virtue, of the State of Florida:
The grand jurors of the State of Florida, empanelled and sworn to inquire and true presentments make in and for the body of the county of Baker, upon their oath do present that one William Craft, late of the county of Baker and State of Florida, on the 3rd day of April, in the year of our Lord one thousand eight hundred and ninety-nine, in the county and State aforesaid with force and arms at and in the county of Baker aforesaid, at the Spring term of the Circuit Court of the State of Florida in and for said county -of Baker, and the said William Craft being then and there brought before the presence of the grand jury of said county, then and there lawfully empaneJlel and sworn, to testify before said grand jury, as to certain matters and things, concerning and respecting the killing and murder of one George P. Canova, who- was. killed and murdered in said county of Baker on the 5th day of June, A. D. 1898, of which said killing and murder the aforesaid grand jury was then and there inquiring, and the said inquiry of the said grand jury being then, and there a judicial proceeding under and by virtue of the laws of the State of Florida; and the said William Craft being then and there in the presence of the said grand- jury, was then and there lawfully required to- depose the truth and was then, and there duly and lawfully sworn to depose the truth as to certain material matter and things concerning the killing and murder of the said George P. Canova; and the said William Craft, being
Augustus G. Hartridge, State Attorney 4th Judicial Circuit, prosecuting for said State of Florida.”
The position taken in this motion, that perjury committed before a grand jury in the’investigation by it of a crime is not perjury committed in a judicial proceeding in a court of justice, is untenable. We think that an investigation of a crime by a grand jury, that is within its jurisdiction to investigate and to indict for, is a judicial proceeding in a court of justice and that perjury committed before them in such an investigation falls within that phase of the crime provided for by section 2561 of our Revised Statutes. Under our judicial system a grand jury is. an appendage or adjunct to the Circuit Court; and in those felonies triable alone upon indictment, it is their exclusive province as such adjunct of the court to. prefer such indictments after investigation made by them. In the case of Cherry v. State, 6 Fla. 679, text 685, they are spoken of as “a co-ordinate branch of the judiciary.” Pipes v. State, 26 Tex. App. 318, 9 S. W. Rep. 614; People v. Greenwell, 5 Utah 112, 13 Pac. Rep. 89; Commonwealth v. Parker, 2 Cush. 212; State v. Offutt, 4, Blackf. (Ind.) 355.
The first ground of the motion in arrest is well taken. The indictment is fatally defective in its failure
The judgment of the court below is reversed with directions to quash or nolle prosequi the indictment.