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

or because of any other irregularity,
or because the undertaking was en-
tered into on Sunday or other holt
day. if it appear from the tenor of
the undertaking before what magis-
trate or at what court the principal
was bound to appear. and that the
official before whom il was entered
into was legally authorized to take
il and the amount of bail is stated.
90 If no day is fixed for the APP
pearance of the defendant. or an i'm
possible day. or a day in vacation,
the undertaking. if for his appear
ance before a magistrate for hear
ing. shall bind the defendant 10
appear in 10 DAYS from the receipt
of notice SO to do by the defendant,
his counsel or any surety on the
ance in a court for trial. shall bind
the defendant so to auuear on the
first day of the next term of the
court which shall commence more
than DAYS after the giving of the
undertaking.
Sec. &c Bail not Discharged for
Certain Defects. The liability of a
person on an undertaking shall not
be affected by reason of the lack of
any qualification. sufficiency or COM
potency provided in this Code, or by
reason of any other agreement than
that expressed in the undertaking.
or because the defendant has not
Joined in the undertaking. or be-
cause the defendant has not joined
in the undertaking.
Sec. n. Who May Admit to Bail.
% Except as otherwise provided
in this Code admission TO bail at
any stage of the proceedings shall be
made by the same official now au-
thorlzed by law in this state to adj
NIT to bail at a similar stage.
~ In all criminal cases instituted
or pending in the court of county
judges or justices of the peace or
bonds given by defendants therein
at any time before the trial. shall
be approved by the sheriff, county
Judge. justice of the peace, or other
Judge trying the case, as the case
NAV be: and all bonds given by de-
PENDANT after preliminary hearing
shall be approved by the sheriff,
county Judge. Justice of the peace
or other committing magistrates. eX-
cept appeal bonds, which shall in
the county judge or justice of the
peace court be approved by such
county judge or justice of the peace;
and in appeals from the Circuit
Court. Court of Crimes. Criminal
Courts of Record or other courts
proved by the judge or the clerk of
the court
Sec. 7S. Officer Taking Insufficient
Bail. Anv official who takes bail,
which he knows to be insufficient, or
accepts surety in an undertaking
knowing such surety not to possess
the qualifications or sufficiencV re-
CURED by law. or accepts as surety
any professional bondsman who is
not duly registered with the Clerk of
the Circuit Court. and qualified to
act as surety. shall be guilty of a
miSdemeanor and upon conviction,
shall be imprisoned not exceeding
80 DAYS or fined not exceeding 500.
or both. in the discretion of the
court: and NAV be removed from Of
fee bv the Governor.
Chapter 4. Methods of Prosecution.
Sec. 20. Prosecution bv Informa-
ton or Indictment. All capital Of
lenses shall be tried on indictment
by grand jury. and ali other cases
NAV be tried either bv indictment
by grand jury or information fled
by the prosecuting attorney under
oath. except as is otherwise pro-
vided in the Constitution of the State
of Florida. and excepting cases Of
impeachment and in cases in the
militia when in active service in time
of war. or which the State with con-
sent of Congress NAV keep in time
of Peace.
CHAPTER s. Grand Jury.
Sec. so. Number and Procure
ment of Grand jury. % Everv Grand
Jury shall consist of not less than
Is. nor more than Is persons the
assent of at least II of whom shall
be necessary to the finding of any
indictment. All the provisions of
law COVERING the qualifications, dis
qualifications. exemptions drawing.
summoning. supplying deficiencies,
in whole or in part and compensa-
ton and procurement of party jur-
ors. shall apply to Grand Jurors.
tZ) taD In counties wherein Grim
inal Courts of Record are not es-
tablished.
The Judge of the Circuit Court
may dispose with the summoning,
empaneling and converting of the
grand jury at any term of the court
by making. entering and filing. eth
err in vacation or term time. with
the clerk of the said court, q writ
ten order directing that no grand
jury be summoned at such term of
court
(b) In counties wherein Criminal
Courts of Record are established no
Grand Jury shall be summoned to at
tend any term of the Circuit Court.
unless the Circuit Judge shall file
with the Clerk a written order.
directing a Grond Jury to be sum-
moned
Sec. 81. Who Nav Challenge. The
State or a person who has been held
to answer may challenge the panel
or an individual grand juror
Sec. q Ground for Challenge to
Panel A challenge to the panel may
be made only on the ground that
the grand jurors were not selected
or drawn according TO law.
Sec. So. Grounds for Challenging
to Individual Grand Juror A chal-
lenge to an individual grand jury
may be made:
ta) By either party for the rea-
ID That the juror has not the
qualifications required by law.
% That a state of mind exists on
his part which will prevent him from
acting impartially and without pre-
1udice to the substantial rights of
the party challenging.
Cd That the Juror is related by
blood or marriage within the third
degree to the defendant or to the
person alleged to be injured by the
ohense charged or on whose COM
plant the prosecution was insti-
tuted
(b) BY the state. because the jur-
or is surety on the bail undertake
ing OF any person whose case will
come before the grand jury.
Sec. "a. When Challenge or OBJ
lection to Be Made After the grand
jurors shall have been empaneled
and sworn no objection shall be
raised by plea or otherwise. to the
grand jury; but the empaneling and
swearing of the grand jury shall
De conclusive evidence of its COM
potency and qualifications. but the
provisions of this section shall apply
only to defendants who knew. or had
reasonable crrOftpd ~ haiiaxra that