Wiggins v. State
| Decision Date | 28 April 1931 |
| Parties | WIGGINS v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Hendry County; George W. Whitehurst, Judge.
Bertie Wiggins was convicted of unlawfully selling intoxicating liquors to an Indian, and she brings error.
Affirmed.
COUNSEL Watt Lawler, of Ft. Myers, for plaintiff in error.
Fred H Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
At the fall term of the circuit court in and for Hendry county 1930, the plaintiff in error, Bertie Wiggins, was tried and convicted on an indictment charging her with having unlawfully sold intoxicating liquors to an Indian. She was sentenced to pay a fine of $500 or be confined in the county jail for six months. Before going to trial the defendant Bertie Wiggins, filed a motion 'to quash the venire of jurymen now present in court, and from which the jury to try this cause is to be drawn.' It is not necessary to quote the motion to quash in full. The substance of the motion is that the list of jurymen as prepared by the county commissioners, from which list this jury was drawn, did not contain the amount of names of jurors as is by law required or have or contain thereon a proper certificate that additional jurors could not be obtained.
Attached to this motion to quash the venire is a certified copy of the record of the list of jurors as appears in the minutes of the board of county commissioners at their meeting January 7, 1930. The list contains 184 names. Attached to the list of jurors there is an affidavit, which it appears was signed and sworn to by each member of the board of county commissioners. Leaving off the formal parts, the affidavit recites: 'that as members of the Board of County Commissioners in and for said county, they personally selected and made out the foregoing list of names of persons qualified to serve as jurors in said county, and that affiants know, or have good reason to believe, that each of the persons whose names appear in the said list is a law abiding citizen of approved integrity, good character, sound judgment and intelligence, not physically or mentally infirm and is otherwise qualified under the law to serve as a juror, and that said list contains all the names so qualified as far as affiants know and are able to ascertain.' Other than this certified copy of the record of the list of jurors, and the affidavit of the...
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Davis v. State
...So. 834, and Slayton v. State, 105 Fla. 586, 141 So. 875, are not analogous to those reflected in defendant's pleas. In Wiggins v. State, 101 Fla. 404, 134 So. 236, we with approval the following excerpt from English v. State, 31 Fla. 340, 12 So. 689, "We must presume that the county commis......
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Fletcher v. Dees
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