FORREST LAKE, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1930-07-29
No. Indictment No. 14
Terrell, C. J., and Whitfield, Ellis, Strum and Buford, J. J., concur.
100 Fla. 386 Florida Supreme Court (1930) Positive Treatment
Also reported at: 129 So. 833 · 1930 Fla. LEXIS 1001
Cited by 20 cases
Other
Per Curiam.

On Petition for Rehearing.

Per Curiam.

— -In this case Forrest Lake was indicted in Seminole County in February, 1928, for loaning to himself as president of the Seminole County Bank a sum in excess of that allowed under the banking laws of this state. He was tried and comdcted and sentenced to a term of four years in the state penitentiary and now seeks reversal of the judgment on writ of error.

To reverse the judgment below two errors are relied on viz: (1) The court erred in sustaining the demurrer of the state to the plea in abatement filed by the defendant February 23, and (2) The court erred in overruling defendant’s challenge to the array of jurors filed April 12, 1928.

What was said in Forrest Lake v. State of Florida, Indictment number nine, decided this date is decisive of the first question as above stated.

The challenge to the array in this case was predicated on the same ground as the motion in arrest in Forrest Lake v. State of Florida, Indictment number nine. A challenge to the array goes to illegalitus in drawing, selecting, or empanelling the petit jury and cannot' be predicated on the disqualification of its individual members. It must be urged before the trial. Green v. State *38860 Fla. 22, 53 So. R. 610 Presley v. State 61 Fla. 46, 54 So. R. 367.

In t'be ease at bar, the challenge to the array was seasonably made, was properly predicated and should have been sustained. The judgment below is therefore reversed.

Reversed.

Terrell, C. J., and Whitfield, Ellis, Strum and Buford, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Silva, 259 So. 2d 153 (Fla. 1972)
    …or new trial or in arrest of judgment. By going to trial before a jury without any objections, a defendant waives all irregularity in the drawing, summoning and impaneling of such jurors. Green v. State, 60 Fla. 22, 53 So. 610 (1910); Lake v. State, 100 Fla. 386, 129 So. 833 (1930); 14 F.L.P., Jury, § 111; 20 Fla.Jur., Juries, § 68. In answer to the first question, the United States Supreme Court has held that it is not legally permissible for jury commissioners to place purposely on a jury list the names…
  • Delbert Tibbs v. State, 337 So. 2d 788 (Fla. 1976)
    …r in arrest of judgment. By going to trial before a jury without any objections, a defendant waives all irregularity in the drawing, summoning and impaneling of such jurors. Green v. State, 60 Fla. 22, 53 So. 610 (1910); Lake v. State, 100 Fla. 386, 129 So. 833 (1930); 14 F.L.P., Jury, § 111; 20 Fla.Jur., Juries, § 68.” Appellant contends that the introduction into evidence of the police report which included results of a polygraph test given to Miss Nadeau and other hearsay evidence was error. The defens…
  • Chance v. State, 115 Fla. 379 (Fla. 1934)
    …o illegalities in selecting names of persons for jury service or in drawing or empaneling the petit jury—to some matter by which the panel was formed— not to the qualifications of individual members of a panel or venire. Lake v. State, 100 Fla. 386, 129 So. 833; Presley v. State, 61 Fla. 46, 54 So. 367; 35 C. J. 374. Section 4444 (2772) Compiled General Laws, requires the county commissioners to “personally select and make out a list of” the names of persons qualified under the statute to be placed in the…

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