ARTHUR SHANNON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a conviction for second-degree murder due to procedural errors, specifically the lack of arraignment and plea, and trial by an eleven-person jury.
The conviction is invalid because the defendant was not arraigned or did not plead to the indictment, and the trial was conducted with an eleven-person jury, violating statutory requirements.
“It does not-appear by the transcript of the record that the defendant was arraigned or that he pleaded to the indictment.”
Highlights a critical procedural defect regarding arraignment and plea.
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Join FLexlaw to unlock all legal intelligenceArthur Shannon was convicted of second-degree murder. The record certified to the appellate court showed an indictment for first-degree murder, but no…
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Whitfield, P. J.
This writ of error was taken to a judgment of conviction of murder in the second degr.ee. The transcript of the record is certified under Rule 103 of the Circuit Court Rules, 14 Fla. 34, to contain ‘ ‘ a true copy of all the proceedings and a correct transcript of the record of the judgment” in the case. The transcript so certified contains an indictment for murder in the first degree and a verdict and jiidgment of conviction of murder in the second degree. It does not-appear by the transcript of the record that the defendant was arraigned or that he pleaded to the indictment. Warrace v. State, 27 Fla. 362, 8 South. Rep. 748.
It does appear that the trial on a capital charge was had by eleven jurors. This was error. Ex Parte Scott, 70 Miss., 247, 11 South. Rep. 657, 35 Am. St. Rep. 649. Section 6070, Revised General Statutes of 1920, requires, the defendant in felony cases to be arraigned; and Section 6008, Revised General Statutes of 1920, provides that “twelve men shall constitute a jury to try all capital eases. ’ ’
In his brief the Attorney General states that he has been “unable to secure amendment of the record,” therefore it must be assumed that the certified transcript is “a true copy of all the proceedings” in the cause.
As there appears to have been no arraignment of or plea by the defendant, and as it also appears that the defendant was tried for a capital offense by a jury of eleven men, the judgment is reversed for proper proceedings.
West and Terrell, J. J., concur. Taylor, C.. J., and Browne, J., concur in the opinion.
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Citator
Cited By
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O'Malley v. Louie L. Wainwright, 237 So. 2d 813 (Fla. 2d DCA 1970)…jury to try all other criminal cases. CfPR 1.270 is identical with the foregoing § 913.10, except that the Rule uses the word “persons” instead of “men”. The foregoing provisions have been upheld by the Florida Supreme Court. Shannon v. State, 1925, 89 Fla. 64, 102 So. 829; Cotton v. State, 1923, 85 Fla. 197, 95 So. 668. And only recently the United States Supreme Court upheld as being permissible under the Federal Constitution, a State Court jury of six persons in a criminal case where so permitted by St…
Authorities Cited
- Warrace v. State, 27 Fla. 362 (Fla. 1891)