The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1918-07-13
important RUL|NG.
IS ANNOUNCED BY
SUPREME COURT

Tallahassee, July Especially THE
, supreme court has affirmed the judg-
ment OF the criminal court of record
for Duval county in the case Of I'll. Clay
. Bailey, plaintiff in error, VS.. the State
of Florida, defendant in error Bailey
Jacksonville merchant, Was convicted
upon a charge OF feioniously buying
and receiving certain stolen property,
three barrels Of sugar, knowing the
same to have been stolen. He was se;i-
fenced to Imprisonment at hard labor
for term Of three years.
The supreme court has sustained the
judgment of the lower court, and the
opinion is by Mr.. Justice West. The
attorenys in the case were, for plain
tiff in error, Johnson & McIlvaine and
Ion l.. Farris; for the state, Van c.
Swearingen. attorney general, and w.
w. Trammell, assistant
BANK CASE DECISION.
The supreme court has overruled the
demurrer OF the respondent to the al
tentative writ Of mandamus heretofore
issued by the court in the State OF
Florida, upon the relation of Van c.
Swearingen, attorney general, relator,
VS.. w. S. Bullock Judge of the fifth
judicial circuit Of Florida, respondent
A year or two ago taree officers of
state bank in Live Oak, Florida, were
indicted by the grand jury in Stvan-
nee county for violation OF the state
banking laws. On motion OF the de-
PENDANTS the case was transferred to
Madison county in the same circuit
and later the indictments We're quashed
in Madison county Thereupon, upon
the petition OF the acting state attor-
ney, the circuit Judge in Madison
county submitted the alleged offenses
for tina Of ha
county grand jury, it being asserted
that there was great prejudice against
the defendants in Suwannee county.
The Madison county grand jury re-
turned indictments against the defend
ants for offenSes committed in SuWaiI-
nee county, against the state banking
laws. The counsel for the defendants
then moved the court for a further
change of venue, and Judge Horne, of
the third circuit, entered an order,
transferring the case to Marion county,
and in due course, upon motion of the
state attorney for the fifth judicial cir
cult, the Judge Of that circuit held that
he was without legal power to try the
said cases, and ordered the clerk of
the court in Marion county to trans
NIT the entire record to the court from
which he received same. 1t appears
that this last order was made by Judge
Bullock, in Marion county, upon the
theory that there was no authority
for the grand jury Of Madison county
to present indictments covering offenses
alleged to have been committed in
Suwannee county.
In this situation the attorney general
applied to the supreme court for
writ of mandamus to require Judge
Bullock to re-docket the cases in
Marion county and proceed to the trial
and determination of them in Marion
county, or show cause for not doing
so. The provisions in section ten, of the
declarations of rights of the state con
stitution and of chapter 1916 of the
laws of 1917, amending section 1000 of
the general statutes OF 1906, We're in
volved in the determination of the legal
question presented in this mandamus
proceeding. and the supreme court sus-
tains the validity OF the statute amend
ing the common law relating to the
finding of indictments by grand jury.
The supreme court holds that under
the indictments as found and the
transfer of the cases under the statute, |
in Marion county has jurisdiction to |
try the cases and to adjudge the suffi- |
cheney OF the indictments. The opinion
is by MIR. Justice Whitfield. concurred
in by Justices Ellis and West. Chief
Justice Browne and Justice TAYLOR dis
sent Attorneys Van c. Swearingen. at
torney general, and G. @. Andrews. as
sstant. and III. f. Carter for relator;
& Hampton for respon-
dent.