Ashley v. State

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation72 Fla. 137,72 So. 647
PartiesASHLEY v. STATE.
Decision Date02 August 1916

72 So. 647

72 Fla. 137

ASHLEY
v.
STATE.

Florida Supreme Court

August 2, 1916


Error to Circuit Court, Dade County; H. Pierre Branning, Judge.

John Ashley was convicted of murder in the first degree, and brings error. Reversed and remanded.

Syllabus by the Court

SYLLABUS

The provision of the Constitution in reference to the right of an accused to be tried by an impartial jury in the county where the crime is alleged to have been committed is an important one to the accused.

Where an application in a criminal prosecution for a change of venue from the county where the crime was committed is made by the prosecuting attorney, and the accused objects thereto, the matter should be tested in some way so as to make it clearly appear that it is practically impossible to obtain an impartial jury to try the accused in that county.

COUNSEL [72 So. 648] [72 Fla. 138] C. D. Bowen, A. J. Rose and Simon Pierre Robineau, all of Miami, for plaintiff in error.

T. F. West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.

OPINION

PER CURIAM.

On September 4, 1912, John Ashley was indicted in Palm Beach county for the murder in that county of De Soto Tiger, an Indian, on December 30, 1911. On the first trial held in June, 1914, the jury disagreed, and a mistrial was declared. At a subsequent trial in November, 1914, after 11 jurors had been chosen, and pending the consideration of a motion of the state attorney for a change of venue, the defendant escaped from the castody of the sheriff, and the jurors that had been sworn on their voir dire in the case were discharged. In March, 1915, the defendant was again put upon trial. The state attorney renewed his motion for a change of venue, and filed an additional affidavit made by himself in support of his motion. Counter affidavits were filed for the defendant in opposition to the motion for a change of venue. The court 'denied the original motion for a change of venue, and announced that a test [72 Fla. 139] would be made in an endeavor to obtain a fair and impartial jury for the trial of this case in Palm Beach county.' A venire for 18 talesmen was issued; 16 were served and appeared. This panel was exhausted when 2 talesmen had qualified, and another venire for 110 talesmen was issued. Ninety-five were served and answered. This panel was exhausted without further additions to the two qualified talesmen, and another venire for 7 was issued and served. These 7 were 'sworn on voir dire and examined as to their general qualifications; accepted.' The motion of the state attorney for a change of venue was again renewed, considered, and granted....

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11 practice notes
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...to appellant's own request. By asking for a change of venue, Bundy waived his right to be tried in Leon County. See Ashley v. State, 72 Fla. 137, 72 So. 647 (1916) (dicta). Bundy suggests that had the trial court in Leon County better controlled the publicity a change of venue would not hav......
  • 1998 -NMCA- 18, State v. House, Nos. 16913
    • United States
    • New Mexico Court of Appeals of New Mexico
    • November 20, 1997
    ...to change of venue, there was no evidence of bias against state, and evidence of bias against defendant); see also Ashley v. State, 72 Fla. 137, 72 So. 647 (1916) (per curiam) (where two prior mistrials declared and defendant objected to state's change of venue motion, district court erred ......
  • Sailor v. State, No. 98-1476.
    • United States
    • Court of Appeal of Florida (US)
    • April 23, 1999
    ...which trial courts granted state requests for change of venue over defense objection. See Higginbotham, 101 So. at 235; Ashley v. State, 72 Fla. 137, 72 So. 647, 648 (1916); O'Berry v. State, 47 Fla. 75, 36 So. 440, 443 (1904). In each case, the court reversed the defendant's conviction, ho......
  • Parker v. State
    • United States
    • United States State Supreme Court of Florida
    • March 8, 1940
    ...where the crime was committed. See Section [142 Fla. 215] 11 of the Declaration of Rights of the Constitution of Florida; Ashley v. State, 72 Fla. 137, 72 So. 647; O'Berry v. State, 47 Fla. 75, 36 So. 440. Section 4337, C.G.L., prescribed the procedure and the grounds for a change of venue ......
  • Request a trial to view additional results
11 cases
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...to appellant's own request. By asking for a change of venue, Bundy waived his right to be tried in Leon County. See Ashley v. State, 72 Fla. 137, 72 So. 647 (1916) (dicta). Bundy suggests that had the trial court in Leon County better controlled the publicity a change of venue would not hav......
  • 1998 -NMCA- 18, State v. House, Nos. 16913
    • United States
    • New Mexico Court of Appeals of New Mexico
    • November 20, 1997
    ...to change of venue, there was no evidence of bias against state, and evidence of bias against defendant); see also Ashley v. State, 72 Fla. 137, 72 So. 647 (1916) (per curiam) (where two prior mistrials declared and defendant objected to state's change of venue motion, district court erred ......
  • Sailor v. State, No. 98-1476.
    • United States
    • Court of Appeal of Florida (US)
    • April 23, 1999
    ...which trial courts granted state requests for change of venue over defense objection. See Higginbotham, 101 So. at 235; Ashley v. State, 72 Fla. 137, 72 So. 647, 648 (1916); O'Berry v. State, 47 Fla. 75, 36 So. 440, 443 (1904). In each case, the court reversed the defendant's conviction, ho......
  • Parker v. State
    • United States
    • United States State Supreme Court of Florida
    • March 8, 1940
    ...where the crime was committed. See Section [142 Fla. 215] 11 of the Declaration of Rights of the Constitution of Florida; Ashley v. State, 72 Fla. 137, 72 So. 647; O'Berry v. State, 47 Fla. 75, 36 So. 440. Section 4337, C.G.L., prescribed the procedure and the grounds for a change of venue ......
  • Request a trial to view additional results

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