The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-05-07
no longer legitimate defense in suits
brought simply to reduce creditors
claims to Judgment.
Judgment reversed.
Liddon g. Carter, for the plaintiff in err
ror John W. Malone, for the defendant
in error.

ror John W. Malone, for the defendant
in error.
Henry C. Smith, Plaintiff in Error, va.
The State of Florida, Defendant in
Error-Madison cnunty.
MABRY, j.:
/. Under section /, chapter 4O15, laws
of Florida, providing that grand and petit
Jurors shall be taken from the registered
voters who have paid their last assessed
capitation tax in their respective coun-
ties, does not contemplate that said tax
shall be paid before it becomes due and
payable under section A, chapter 401O,
acts of 1891, and where grand jury was
duly organized for term of court on the
18th day of October, A. D. 1891, it is
held that failure to pay the capitation
tax for that year does not disqualify
them to serve as jul ors.
2. The act supra, chapter 4015, is not
in conflict with article III, section Is,
constitution of 1885.
3. When an indictment for forgery I'M
dertakes to set forth the instrument
alleged to be forged according to it's tenor,
great partic ularity is required and any va
rance as to the words of such instrument,
unless the same be mere fault of spelling,
will be fatal, but in an indictment for
forgery Of an order for the payment
Of money, the words and figures in the
margin of the order, and which consti-
tute no part of the instrument, need not
be set out, unless they constitute an es-
sential description of the order.
4. Where the ground of the objection
to the introduction of a paper in evidence
is not stated, and no exception is taken
at the time 10 the decision of the court
overruling the objection, the party can
not avail himself of an exception to such
decision i'll a motion for new trial.
D. The voluntary statement of an ac-
cused in reference to his connection with
an offence, may be shown by the state to
be untrue.
6. An order drawn by county board
of public instruction, as an allowance for
an account approved by the board, and
directed to the county treasurer for the
payment of money, is such an instrument,
within the meaning of our statute, as can
be the subject of forgery.
Z. In an indictment for forgery of a
check, promissory note or order for the
payment of money it is sufficient to set
out, IN the Indictment, the alleged instru-
ment, in hGec uer6d, with the names of the
makers, and payees on it, together with
proper averments, that the accused
falsely made, forged and counterfeited
laid instrument with the intent to de-
fraud.
8. Motions in arrest Of judgment reach
only such errors as are apparent upon the
record, and the sufficiency of the evidence
to sustain verdict cannot he considered
on such motion.
9. Evidence of venue in a criminal
prosecution need not exclude every Iea-
sonable doubt, but where the evidence
raises a violent presumption that the
Offense was committed within the juris-
diction alleged, or if this can be reason
ably inferred from the evidence, it will be
sufficient.
10. A general exception to an entire
charge that contains correct PROPOSE
sition Of law is not good, but under our
practice it devOlves upon the party to
properly except in the trial court to the
portion of the charge supposed to be er-
rOnrOus.
RANEY, G. j., TAYLOR j., concurring)
Held, That the testimony as shown by
the record, fails to connect the accused
with the act Of forgery, or with the in
strument in it's altered condition, or with
the proceeds thereof, or with the person
to whom it as altered was paid, and,
II ough showing circumstances Of suspi-
cion, was insufficient to sustain cOnvic
ton. MABRY, j., dissenting, held that
the testimony was sufficient to connect
the accused with the alteration and sus-
tain the verdict.
Judgment reversed.
w. G. Mccall for plaintiff in error; W.
B. Lamar, attorney general, for the state