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

appointed for the execution of the
sentence. the appellate court shall
tx a new time for the execution of
the sentence. and if the governor
fails or Omits TO issue his warrant
carrying said sentence into execu-
ton. then the appellate court shall
issue a warrant to the proper Off
eial directing him to execute the
sentence al time designated in said
warrant"
Sec. 275- Sentence of Death I'm
executed for Reasons Other than
tence of death has not been exc
cuted. or. if the Governor fails or
omifE TO issue a death warrant as
provided in hits Code, and there
appears 20 be no legal ground why
such sentence was not executed, the
court which pronounced the sentence
or any judge thereof or any court
having appellate jurisdiction in cap
itai cases. or any Judge thereof upon
application by the encouragement
nr By the prosecuting attorney of
the county in which the conviction
Was had shall. if the defendant is in
custody. order the official in whose
custody he is to bring him before
the Judge issuing the order, or. if the
defendant is at large. shall issue
warrant for his arrest directing that
suing the warrant. Upon his appear
ance the judge shall inquire into the
circumstances and if no legal ground
Is found why the sentence should
not be executed. the judge shall is-
sue a warrant to the proper official
directing him to execute the sentence
at q time designated in said war
rant.
See. ZIG. Return of Warrant. At
srhr af
inflicted upon any convict in Obedi-
ence 10 the warrant. the officer in
charge Of such execution shall re-
turn the warrant as soon as may be
sVith a statement under his hand of
ms doing therein. to the court is
suing the warrant. and if the war
rant has been issued by the appel
late court the officer in charge of the
execution shall also file in the clerks
Office where the conviction was had.
an attested copy of the warrant and
the statement aforesaid. and such
shall be by the clerk recorded in the
minutes of the court. whose judg-
ment was thus executed; and there
shall also be filed with the governor
an attested copy of the warrant
and the statement aforesaid.
CHAPTER %. Form of Indictment
and Other Forms. Sec. 277. Criminal
Report II shall be the duty of each
committing magistrate at the time
commitment papers are sent by him
10 the proper trial court. and of
the sheriff when an arrest is made.
other than on a capias. to transmit
10 the prosecuting attorney OF the
trial court having jurisdiction. a re-
part in the following form:
Date: ......... Name and address
Of Defendant: ..... Age: $500.
II under p. give name and address
Of parent. next friend or guardian
..--... Name of offense, such as
murder. assault. robbery. etc. :......
Date and place where committed:
....-. Value of property stolen: go.
Kind Of property stolen: Kind
address Of owner of property stolen
or building robbed: ........ Name
and address Of occupant of building
robbed: ......... Name of party as
saulted or murdered: ... Weapon
used in assault or murder: .......
Exhibits taken at scene of crime
or from Defendant: ....... Name of
custodian of such exhibits: ....
Previous prison record of defendant:
..-.- Has defendant been arrested .
..... Does defendant desire to plead
guilty ...-.... Names and addresses
Of state Witnesses: ....... Name of
defendants lawyer: ..... If defend
ant Is released on bond, names and
addresses of sureties: 49,. Brief
statement Of facts: ........ Name of
committing magistrate ........ If ad-
ditlonal space required. use reverse
side Of this sheet. ......... Signature
Of party making this report.
Sec. '.27s Notice Setting Case for
Trial. IL is 10 be discretionary with
the Judge Of any Trial Court to adopt
as rule Of his Court a rule requir
inE that a least four days before the
sounding of the docket in criminal
eases IN any trial court, it shall
be the duty of the clerk of said
court 10 send by United States mail.
10 the Defendant. his sureties, and
his attorney. if known, a notice in
postcard form. reading as follows:
The State of Florida VS.. No
fice Of filling Information To:....
You are hereby notified that an in
formation dndictmenD charging you
with the ofense of ....... has been
filed in the office of .......in and
for ......-... County; and you are re-
CURED TO appear IN the ........ court
IN and Tor .-........ County at the
court house in ........ on ..
fdatel for arraignment. plea and
trial or setting for trial in default
of which your bond will be estreated,
for failure to appear. ........ ProSecut-
ing officer. II such rule is adopted
by any Court and the rule is not
complied with by the clerk the
failure TO so comply with the rule
shall not constitute reversible error
nor affect the obligations of the
bond.
Sec. 279. Forms of Indictment and
Information. l. The following forms
Of Indictment and information, in all
eases 10 which they are applicable
shall be deemed sufficient as
charge of the offenses to which they
relate as defined by the laws of this
State. and analogous forms may be
used in all other cases:
As 10 First Degree Murder. In
the name and bv the authority of
the State Of Florida: The grand
jurors Of the County of. ..... charge
that A. b. unlawfully and from a
premeditated design to effect the
death Of ........ Tor while robbing
the house of ......, as the case NAV
be- did murder ........ in said coun-
~. by shooting him with a gun or
pistol tOr by striking him with a
club or by giving him poison to
drink or by pushing him into the
water. whereby he was drowned).
As 10 Second Degree Murder.
nlaWfullV by an act imminently
dangerous 10 another. and evincing
a oepraved mind regardless of hu-
man me- mat Is to say. by firing
ms shotgun into the store of. ......
Tor by striking. ...... with an adj,
as the case may be- but without a
premeditated design TO effect the
death of any particular person, did
kll -----.-.. in said County.
As 70 Third Degree Murder.
L nlaWfullY. and while feloniously
stealing cattle Tor timber. or while
felonlously assaulting. ... as the
case NAV be-. but without any de-
siEn 70 effect death did kill ......
N said county. By sinking his boat
t0r by running over him with an
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