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

QeIenQanr, lne court SHdll OIuSE Vic
names of such witnesses.
CHAPTER Z. Process Upon In
dictmeht and Information.
Sec. $50. Capias and Amount of
Bond. Upon the filing of an indict-
ment or information, if the person
named therein is not in custody or
at large on bail for the offense
charged, the judge shall direct the
clerk to issue Immediately or when
so directed by the prosecuting at
torney, a capias for the arrest of
such person. The judge upon the
filing of the information or indict-
ment shall indicate the amount of
bail. if the offense is bailable. in
which case an endorsement shall be
made on the capias and signed by
the clerk. to the following effect:
The defendant is to be admitted to
bail in the sum of ...... dollars
Sec. 131. Summons May Be Is
sued for an Individual-Wher. When
an indictment has been found or
an information filed against a person
charging a misdemeanor only if he
is not in custody or at large on bail
for the offense charged, the court or
a judge thereof shall direct the clerk
to issue a summons instead of
warrant. if the court Or judge has
person will appear in response to
summons.
Sec. 1872. Summons to Be Issued
When Defendant is a Corporation.
When an indictment has been found
or an information filed against
corporation the court or a judge
thereof shall direct the clerk to is
sue a summons to secure its ap-
pearance to answer the indictment
or information.
Sec. 1888 (a) Disposition of De-
PENDANT Under Arrest. If the de-
PENDANT is not bailable in respect of
the offense designated in the cap
las then upon being arrested he
shall be Immediately delivered into
the custody of the sheriff of the
county in which the indictment or
information is filed. # the defen7-
dant is bailable. he shall be allowed
his liberty upon giving bond in the
amount designated on the Capas.
Sec. 1913. CD Criminal Cases in
Circuit Court to Be Tried First. All
cases on the criminal docket at each
term of the circuit court shall be
tried first. if the same can be so
tried. without injury to the interests
of the State or of the prisoner, and
cases presented during the term by
the grand jury may be tried, if
proper, at any time during the same
term.
CHAPTER g. Arrangement.
Sec. 1874 Arrangement of Defend
ant.-How Made. When an indict-
ment has been found or an informa-
ton filed against person. he shall
before he is put on trial for the
offense charged. be arraigned by
having the charge stated to him
by the Prosecuting Attorney in open
court and by being, called upon to
plead thereto. If the defendant so
demands before he pleads, the in
dictment or information shall be
read to him by the Prosecuting At
torney. An entry OF the arraing-
ment shall be made of record
Sec. 135. Failure to Arraign and
Irregulatrity of Arraignment-Effe
OF. Neither a failure to arraign nor
an irregularity in the arraignment
shall effect the VALIDITY of any pro-
ceeding in the cause if the defend
ant pleads to the indictment or in
formation or proceeds to trial with
out objection TO such failure or IT.
regularity.
Chapter 8. Motion to Quash.
Sec. 1856. Standing Mute or Plead
ing Observation-Disclosures of a Corpo-
ration to Appear. If the defendant
is corporation and fails to appear
pleads evasively a plea of not guilty
shall be entered of record.
Sec. 1877. Time to Move to Quash
or Plead. Either prior to or upon
being arraigned, the defendant shall,
unless the court grants him further
time. either move to quash the in
dictnant, s.or information or plead
thereto. or do both. If he moves
to quash, without also pleading, and
the motion is withdrawn or over
ruled he shall Immediately plead
Sec. 1873. Certain Pleas Abolished
Motion to Quash Substituted
Pleas to an indictment or informa-
ton, other than pleas of nOl0 con-
tendre. guilty, or not guilty, are
hereby abolished.
All defenses heretofore available to
a defendant by plea, other than
pleas of nolO contendere and not
guilty, shlal hereafter be taken only
by motion to quash the indictment
or information, whether the same
relate to matters of form or sub
stance. formal acquittal, former
jeopardy. or any other defense which
which heretofore was raised by
plea.
Sec. 1879. Motion to Quash Oral or
Written. Cd The motion to quash.
if a court reporter is present may
be made orally, otherwise it shall
be in writing, signed by defendant
or his attorney. 1t shall specify dis
tinctly the ground of objection re-
lied on. If made orally, the court
reporter viii transcribe the same,
and file it with the clerk. When
made in writing it shall be first filed
with the clerk, before argument,
and copy served on the prosecut-
ing attorney.
CD Such motion to quash may be
filed any time after information or
indictment is filed. and with permits
sion OF the court. may, on notice TO
prosecuting attorney, be heard and
disposed of either in term time or
vacation. However, at such hearing
the defendant must be present, if a
felony is charged
CD The order on the motion to
squash shall be filed in the cause
and entered of record.
Sec. 140. Arrest on Capias Based
on Indictment or Information-Hab
cas- Corpus-Motion to Quash-Pre-
liminary Hearing. When an indict-
ment or information is filed and a
defendant is in custody under a cap
las he may apply for a writ Of
habeas corpus. attacking said indict-
ment or information: or he NAV
move to quash the Indictment or in
formation and bring it on to be
heard before the trial court having
jurisdiction, and in the event of an
adverse ruling, he may. if in custody.
apply for a writ of habeas corpus
IT defendant SO in custody upon
a capias as aforesaid is confined in
jail for thirty days after his arrest,
without trial. he may apply to the
trial court having jurisdiction fer
and be allowed a preliminary hear
ing.
Sec. 141. Effect of Sustaining the
motion to Quash. If the motion
to -quash is sustained the court NAV
order that another information be
fled or that the matter be again suh-
mitted to grand jury. or if the mat
ter is such that an information