Ex Parte Warris
| Decision Date | 25 June 1891 |
| Citation | 28 Fla. 371,9 So. 718 |
| Court | Florida Supreme Court |
| Parties | Ex parte WARRIS et al. |
Application for writ of habeas corpus.
Syllabus by the Court
1. Defects or irregularities in the selection of the list of registered voters from which grand jurors are drawn, or in drawing grand juries, cannot be inquired into through a writ of habeas corpus by the party indicted.
2. Where it appears simply that two are indicted jointly in th circuit court in October, and, one not being in custody, the other is tried immediately, and convicted, and obtains a writ of error, and in the following month the judgment is reversed, and at the succeeding term of the circuit court, in April, the one not in custody at the former term having been arrested in the meanwhile, the cause is continued on motion of the state, as to both, they demanding an immediate trial no denial of the 'right to a speedy and public trial' is shown.
3. Whether the amount of the bail required of persons is excessive will not be inquired into on habeas corpus, where no complaint of it is made in the petition, and no testimony is adduced.
Nat. R. Walker, for petitioners.
William B. Lamar, Atty. Gen., for the State.
The petitioners are held under an indictment found in the circuit court of Wakulla county, and shown by the record to have been presented in open court, charging them with an assault with intent to murder in that county. There is no doubt or question of that court's jurisdiction of the offense.
Defects or irregularities in the selection of the list of registered voters from which grand jurors are drawn, or in the drawing of the same, must be taken advantage of in the trial court by the proper procedure. Potsdamer v. State, 17 Fla 895; Gallaher v. State. Id. 370; Burroughs v. State Id. 643; Gladden v. State, 13 Fla. 623; Savage v. State, 18 Fla. 909. Such irregularities cannot be questioned by a habeas corpus proceeding. Ex parte Prince, (Jan. Term, 1891,) 27 Fla. ----, 9 South. Rep. 659; Ex parte Bowen, 25 Fla. 214, 6 South Rep. 65.
One of the petitioners, Warris, was tried and convicted in October last at the term at which they were indicted, and the judgment was reversed by this court, upon a writ of error early in the month of March of this year. 8 South. Rep. 748. Johnson was not in custody at the time of the trial in the circuit court. At the spring term, in April of the present year, Johnson, who had been arrested in the interim, and Warris being in court on the second day of the term, the state attorney made a ...
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...at the first trial. Ex parte Alpine, 203 Cal. 731, 265 P. 947, 58 A.L.R. 1500; People v. Lundin, 120 Cal. 308, 52 P. 807; Ex parte Warris, 28 Fla. 371, 9 So. 718; Silvey v. State, 84 Ga. 44, 10 S.E. 591; Marzen v. People, 190 Ill. 81, 60 N.E. 102; Ferguson v. Bechly, 224 Iowa 1049, 277 N.W.......
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...the courts, in the continuance of cases.' Sections 3969, 3976, Gen. Stats. 1906, Florida Compiled Laws 1914. In the case of Ex parte Warris, 28 Fla. 371, 9 So. 718, this held that, in the absence of any showing that the continuance was granted without good cause, it cannot be held that one ......
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