The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-11-29


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II ,,,...see 4. 49,. y. ~. q.
ss - = ~ W e
49, q = - =. es,1N
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1. The purpose Of Bee n Of sub-chAptef - o.
ne criminal ecds q ISIS which provides that
no person Nhgee 0plat0ne are euch - % pre-
clnde him num anainG my qelendent guilty 81
an Onence punW1ADle VITA 0e4tn enau % COM
PEELED Of allowed g serve e juror On the trial
Of such a. OMencas y % exclude Nom thejury
IN capital cases any person who nom ecIuples Of
conscience o. some reason other snAn the want
q suf9cimt prook would retnss TO IND verdict
Of guilty, s.
y. EOur pem Jnruts nAQ ueen accepted anu
sworn, ulen we stsis attorney leelnea nat one
o. them VINO DAG peen examined Qn pts 49, o:se
hsd, 70 Conversation snof.Iy ue!ofp tne nndin9
OF the lnQlciment, remaEkeq tnak ne Wa oppoeeq
70 capital punishment ana argued tnAt = Wonld
0e better 70 impnson the accused iur ne tnan %
hang him. and had IL another conversation - g
the case stated 10 substance that ne was oppOspd
to capital punishment under certain circnmstan-
ces, and i ne was juror wuuld NOT go f0r cap
llal punishment Upon nl2tl0n q tne stale Al
eorney, maze Des0.e pIoceeunG mrsnef, ano sup
poItee 2! .n amaast y . e.ch cOnsessasis'as
tne Ca[cut Juoge set aside the juror 9. tncompe-
tent: Held. lst, that setting MIN aside was not
error. "a, mat setting . juror asloe under sucn
circumstances y not inc mere arni.eEy exercise
9, PCwsr ~ me jugs: ous . = .ns exeacss Ju
dicai discretion, and MS action should not De re-
versed unless there appears 70 6e departure from
the exercise OF sounu uIscrctinn.
.. WneinSr Inc circumstances attending . con-
Ieesions or conversation ~ Whicn ine accused
has made statements showing bis knowledge OF
the time and manner OF the killing. the seespon
used and the motive influencing him, and evi-
denclng his guilt, are such As enlile the same to
be received In evidence asthe deliberate and vol
untary statement OF the accused. Is question for
the court to decide. The usual practice 10 10 as
certain these circumstances before the admis-
sions Or statements are permitted 70 60 to the
jury; but II such inquiry is not made 10 advance
It may be made Afterwards, and II 1t appear that
the confession or statement was not voluntary
or was induced by improper influences. the tesfi-
m0ny should be excluded from the consideration
of The jury. Where tue circumstances are devel-
oped by the witness In bis detail Of the comics
sion or conversation, or from such inquiry, and
made voluntarily and not 10 have been induced
by improper influences, they should not be with
drawn or withheld from the jury.
4 Under the act of 1877, (chapter 2O06) re-
quiring Circuit Judge 10 charge the Jury only
upon Me law of the case, Il is improper for him
10 charge that there is conflicting evidence in
the case but as in the case at bar. there was IN
fact no conflicting evidence, and the charge did
not operate to the prejudice Of the accused Held
not to be a material error affecting the iudQ-
ment. Chapter 2O06, and chapter 180. distin-
guished
g. The statement In the charge. that !" in adj
diti0n 10 the circumsiantial evidence offered in
this case, is also what % said 70 b the confession
OF the accused 10 relation TO his connection with
the murder of Samuel MoORen Il not charge
that certain facts are proved nor n violation of
chapter $685.
g. Such statement coupled with the remark