The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

WHICH event the court r0pOTIer sinai
deliver to the clerk of the court 6
shall be entered in the minutes of tn,
court. but if the court makes al
order in writing granting or refus
ing the motion for new trial, sucl
order shall be entered in the minute:
of the court.
Sec. 246. Effect of Granting New
Trial. When a new trial is granted
such new trial shall proceed in al
respects as If no former trial haC
been had. but where an offense is di
vided into degrees and the defendant
has been convicted of a lesser de.
gree. he cannot thereafter be prose
cuted for higher degree of the same
offense.
All the testimony in such former
trial must be produced anew, ex.
cept of witnesses who are absent
from the State or dead, in which
event the evidence of such witnesses
on former trial may be presented
as the same was taken and trans
cribed by the court reporter. Before
the introduction of the evidence of ar
absent witness, the party introduc.
ing same must show that due dill.
gence has been used to procure the
attendance of said witness at the
trial. and that the witness is not alb
sent by consent or connivance of the
party moving to introduce the evi.
dence of such witness on the former
trial.
CHAPTER 81. Judgment and Sen.
tence.
Sec. PAT. Judgment Defined. The
term judgment as used in this Code
means the adjudication by the court
that the defendant is gully or not
guilty.
Sec. 24s. Rendition of Judgment
If the defendant has been convicted
been acquitted, a judgment of not
guilty. shall be rendered, in oper
court and entered on the minutes OF
the court.
Sec 249. Judgment of Informa
Verdict. If a verdict is rendered
from which it can be clearly under
stood that it is the intention of the
jurors to acquit the defendant, judg
ment of not guilty shall be rem,
dered thereon even. though the YER
dict is defective; but no judgment
of guilty shall be rendered on 6
verdict unless the jurors clearly ex
press in it a finding against the de
PENDANT upon the issue
Sec. 250. Judgment of Not Guilty
Defendant Discharged and Sureties
exonerated. If a judgment of no
guilty is rendered the defendant if il
custody shall be Immediately dis
custody on some other charge; if HI
is at large on bail his sureties are
exonerated and if money or bond.
have been deposited as bail such
money or bonds shall be refunded.
Sec. Psi. Sentence Defined. O.
The term sentence as used in thi!
code means the pronouncement b,
the court of the penalty imposed OF
the defendant upon the acceptance o.
guilty, or finding of guilty by thu
court
CD When Judgment of guilty ha!
been rendered sentence shall be pro
nounced in open court.
Sec. 252. Defendant When Not il
Custody How Brought Before tn
Court. When the personal presenc
of the defendant is necessary for tn
announcement of sentence, and h.
does not appear and is not in Gus
tody. the court shall direct the clerl
to issue either Immediately or whel
so directed by the prosecuting at
torney a warrant for his arrest. TIL,
warrant may be reissued from tim
to time by direction of the court O
of the prosecuting attorney.
Sec. 253. Duty of Court Befor
Pronouncing Sentence. When sen
tence is to be pronounced, the cour
shall inform the defendant of tn
accusation against him and of tn
Judgment and shall ask him whethe
he has any cause to show why sen
tence should not be pronounced.
Sec. 254. What Causes May B,
Alleged for Not Pronouncing Sen
tence. The person before the cour
to be sentenced may allege and SHOW
for cause why sentence should no
be pronounced. only:
(a) That he has become insan,
since the verdict was rendered;
90 That he has been pardoned o
the offense for which he is abou
to be sentenced:
Co That he is not the person ag
ainst whom the verdict or judgment
was rendered:
Cd If the defendant is a woman
and the sentence of death is to bt
pronounced. that she is pregnant.
Sec. 255: Procedure When Insan
ity is Alleged as Cause for No
Pronouncing Sentence. % When the
cause alleged for not pronouncine
ion of the court there is reasonable
ground for believing the defendant
to be insane. the court shall postpone
the pronouncement of sentence anC
shall appoint two competent disin
terested physicians to examine into
the defendants mental condition anC
to report thereon. The physician:
so appointed shall be allowed such
fees as the court deems reasonable
which fees shall be paid by the coun
ty in which the indictment was found
or the information filed. If the
court after hearing the report OF
the physicians decides that the de.
PENDANT is insane it shall take steps
to have the defendant committed
to the proper institution. If later the
defendant becomes sane the proper
officer of such institution shall mott.
fly the court of that fact.
ca If the court determine from
such report that defendant is sane
sentence shall be Immediately pro-
nounced.
Sec. 256. Procedure When Pardon
is Alleged as Cause for Not Pro.
nouncing Sentence. When the cause
alleged for not pronouncing sentence
is that the defendant has been par.
doned for the offense for which he
is about to be sentenced the court
shall postpone the pronouncement OF
sentence if necessary for the purpose
of hearing evidence of the pardon
and on proof of such pardon shall
not pronounce sentence but shall dis.
charge the defendant from custody
unless he is in custody on some 9th.
er charge.
Sec. 257. Procedure When Non.
Identity is Alleged as Cause for Not
Pronouncing Sentence. When the
cause alleged for not pronouncine
sentence is that person brought
before the court to be sentenced is
not the person against whom the
verdict or judgment was rendered the
court shall postpone the pronounce.
ment of sentence of necessity for the
purpose of hearing evidence thereof
and on proof of non-identity shall
discharge such person from custody
unless he is in custody on some other
charge.
Sec. 256. Procedure When Preg.
nancy is Alleged as Cause for NJ