Johnson v. State
| Decision Date | 16 July 1907 |
| Citation | 54 Fla. 45,44 So. 765 |
| Parties | JOHNSON v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Escambia County; E. D. Beggs Judge.
Ed Johnson was convicted of an assault with intent to murder and he brings error. Affirmed.
Syllabus by the Court
The discharge of a jury without verdict does not constitute former jeopardy, where the jury were unable to agree upon a verdict after repeated instructions, and so stated to the court.
A plea of former jeopardy is bad that sets forth against the record that the ture reason for a discharge of the jury was that a juror had mistaken the case on his voir dire, and had, in fact, formed an opinion as to the merits.
A judge of a criminal court of record may order a jury from the bystanders when no jury has been drawn from the list. The transcript need not show why the judge failed to draw from the list.
COUNSEL Geo. W. Parker, for plaintiff in error.
W H Ellis, Atty. Gen., for the State.
Ed. Johnson was indicted, tried, and convicted in the criminal court of record for Escambia county of the crime of an assault with intent to murder Quil McNair. He was sentenced to the state prison for a term of 12 years.
The first assignment of error is based upon the order sustaining the state's demurrer to a plea of former jeopardy. The minute entries of the first trial show that, upon submission of the cause, Again, on the same date, 'the jury were again brought into court by order of the court, and stated they could not agree upon a verdict,' whereupon a mistrial was ordered.
Under section 1093 of the Revised Statutes of 1892, brought forward as section 1501 of the General Statutes of 1906, as construed and applied by this court in Adams v. State, 34 Fla 185, 15 So. 905, there was ample justification for the court's action in discharging a jury which could not agree, even though the statute is not so fully lived up to as to have warranted a reversal had the court refused a mistrial. The plea offered carries in it an insinuation that the true reason for the mistrial was not as stated in the court minutes, but arose from the action of a juror who announced that he had mistaken the case on his voir dire, and, in fact, had theretofore talked with a certain person, and that conversation so...
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