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


ed or has moved to quash on some
other ground that the offense with
which he is now charged is an Of
Tense for which he has been par
doned. or of which he has been con-
victed or acquitted or been in jeop-
ardy or for which he has been grant
ed immunity the court may in its
discretion entertain at any time be-
fore verdict a motion to quash or
motion for directed verdict on the
ground of such pardon, conviction,
acquittal. jeopardy or immunity.
Sec 154 Form of Plea-Failure
TO Enter of Record. Every plea
shall be pleaded orally in open court
and shall be Immediately entered
Of record; but a failure so to enter
it shall not affect the validity of any
proceeding in the cause.
Sec. 144 Plea of Guilty-Presence
of Defendant. Except where the de-
PENDANT is a cooperation, a plea of
not be accepted unless the defend
ant is present.
Sec. 145. Plea of Guilty of Lesser
Offense or Lesser Degree. The de-
fendant, with the consent of the
court and of the prosecuting attor-
new. may plead guilty of any lesser
offense than that charged which is
included in the offense charged in the
indictment or Information, or of any
lesser degree OF the offense charged.
Sec 146 Effect of Plea of Guilty
of an Offense Divided into Degrees.
Where an indictment or information
charges an offense which is divided
into degrees. without specifying the
degree, a plea of guilty which does
not specify any degree is a plea
of guilty of the highest degree of
the offenses charged.
Sec. lat. Plea of Guilty of an
Offense Divided into Degrees-De-
termination of the Degree. Where
ges an offense which is divided into
degrees without specifying the de-
gree. if the defendant pleads guilty
generally the court shall, before ac-
Cepting the plea, examine witnesses
to determine the degree of the Of
Tense of which the defendant is
guilty.
Sec. 148. Plea of Guilty-Determi-
nation of Punishment. Where the
defendant pleads guilty to an indict-
ment or information, if the court ac-
cepts the plea and has discretion as
to the punishment for the offense,
it may hear witnesses to determine
what punishment shall be imposed.
Sec. 149. Plea of Guilty-With-
drawal of The court may in its
discretion at anv time before SEN
tence permit a plea of guilty to be
withdrawn and. if judgment of con-
viction has been entered thereon,
set aside such judgment. and allow
consent of the prosecuting attOr-
ney. allow plea of guilty of a
lesser included offense, or of a lesser
degree of the Offense charged, to be
substituted for the plea of guilty.
Sec. 80. Plea of Guilty-Before
Indictment or Information Filed If
q person who has been held to an
sWer for an offense desires to plead
guilty thereto before he has been
the court having jurisdiction of the
offense. whereupon the court shall
direct the prosecuting attorney to
file an information charging the de-
PENDANT with such offense, and, upon
the fling of such information, and
arraignment thereon. the defendant
may plead guilty thereto.
Sec. ISL. Plea of Guiltv-After
Indictment or information Filed. If
a person who has been indicted or
informed against for an offense. but
who has not been arraigned, de-
sires to plead guilty thereto, he may
so inform the court having jurisdic-
ton of the otfense. and such court
shall as soon as convenient arraign
the defendant and permit him to
plead guilty to the indictment or in
formation
Sec. 1852. Plea of Not Guiltv-Its
Operation in Denial A plea of not
guilty is a denial of every material
allegation in the Indictment or in
formal ton.
Sec. 153. Defense of Alibi and In
Sanity-Notice. l. Whenever in any
criminal case. it shall be the inten-
ton of the defendant to rely upon
the defense of insanity, no evidence
offered by the defendant for the pur-
pose of establishing such insanity,
shall be admitted in such case I'M
less advance notice of such defense
shall have been given by the defen-
dant as hereinafter provided.
If the defendant upon arraign-
ment, or prior thereto, notifies the
court that he will rely upon insanity
as one of his defenses, then the court
will hear the parties and require the
defendant to file, within such time
as NAV be fixed by the court, a bill
of particulars showing as nearly as
he can the nature of insanity he ex-
poets to prove and the name, or
names, of the witness, or witnesses,
by whom he expects to prove such
insanity
?. Upon the filing of said bill of
particulars by the defendant, upon
motion of the prosecution, of the
court, after hearing. may cause the
defendant to be examined in the
presence of attorneys for the State
and for the defendant. by one or
not exceeding three. appointed by the
Court. at such time and place as
may be designated in the order of
the court. as to the sanity, or in
sanity. Of the defendant at the time
of the commission of the alleged
offense and subsequent thereto,
The procedure shall follow that set
forth in Chaptre II of this Code.
8. Upon good cause shown for the
omission of the notices and proceed
ure as to either the defense of in
sanity. as here set forth, the court
may in its. discretion permit the in
PRODUCTION of evidence of such de-
Tense.
Sec. 154. Discovery and Produc-
ton of Documents and Things for
Inspection, Copying or Photograph
ing. Whenever n crime has been
committed and the evidence of the
State shall relate to ballistics, fin
gerprints, blood, semen, or other
stains. Ut AOCQE0AlS, papers, DOOkS,
accounts, letters, photographs, OBJ
1eots, or other tangible things. up
on motion showing good cause
therefor. and upon notice TO the
prosecuting attorneys. the court in
which the action is pending. wheth-
err the committing magistrates
court. or the court having juris-
diction to try the cause may order
the State to produce and permit
the inspection and copying or pho
tographing. by or on behalf of the
moving party. of any designated
papers. books, accounts, letters,
photographs objects or other tan
aible things; and in examinations
TO be conducted by representatives
of the State as to ballistics. finger
prints. blood. semen. and other