The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-03-13

George w. Irwin, Plaintiff in Error, vs. The
State OF Florida, Defendant in Error-Frank-
lin county.
VASVALKENBURGH, j.:
/. On motion for change ofvenue, it is not suf-
fcient for the party making such application to
swear " that he does not believe that he can OBJ
tain fair and impartial trial In the county in
which the indictment was obtained He must
fully state the facts upon which he founds such
belief
Q. motion TO change the venue is always ad-
dressed to the sound discretion of the court, and
this court will moi interfere unless it can find in
the record some good reason for believing that
there not an exercise of such sound discretion
on the part Of the court below in refusing the
motion tor such change.
3. Counsel for prisoner entered a motion for
change of venue but failed to call the attention
ofthe court toit. The cause was continued on
his motion. The next term when the cause was
reached for trial, counsel for prisoner proceeded
10 such trial without taking any notice OF his
motion for change of venue, or calling the at
tention OF the court to such motion: He'd,
That the motion fnr change Of venue must be
considered as having been abandoned, and that
there was no error upon the part Of the court.
4 The court is not obliged to instruct the jury
upon all principles Of law that counsel may think
proper TO ask, or TO 60 outside OF the case as
made, and charge upon questions of Law foreign
thereto. They may properly refuse to charge
upon any such questions as are not applicable TO
the facts in evidence.
5. A6idavits in support Of . motion for new
trial charging that juror, before the empau-
elling Of the jury, had formed aud expressed an
opinion that the prisoner was guilty, and 81 the
same time had said he would hang HIM If he was
on the jury, should unequiy0caily ailege that the
prisoner and his counsel were ignorant of the
fact as stated at the time OF the empanelling Of
such jury.
g. In charging the jury in trial for murder,
the court instructed them that If under certain
circumstances detailed, the accused, being
armed with concealed pistol, walked up to the
deceased and intending TO kill him, did then and
there kill him by shooting him with the pistol
aforesaid, then II your duty to 6nd the accused
guilty Of murder in the first degree" etc. Held
TO be in accordance with the law, and no error.
Z. Exceptions should be taken to the particu-
lar portions OF the charge of the court deemed
erroneous, in order TO make them available on
coming into this court and instructions asked
for should be written out, and presented to the
court as provided bv law. No exception to the
charge can be irst taken In this court on writ OF
error.
8. Where the record shoss that the prisoner
was duly arrnigued, was present At the trial and
the commcncesnenf ~ tho iEial. the verdict snd
the Judgment the presumption b thai he was IN
court during tho whole tislo
Judennonf onlrmed
b. s. Wnikes, N, and n @ Pickett, for Plain
ti6 70 Error Aisofns e5enstal, for Defendant n
John Evans 4 ak Appellsnss, " George Sum.
p,lslls. AppeII s)lasee county
~ 4. JEkkse IN ioxd ~ : unTEied woman.
s.ss. - 49, - II ss.sif soiy as is
~ - - - - - = q NJ ann q III liz