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


had and obtained, absent himself
from the presence of the court. the
trial Of said cause or the return
II the verdict of the Jury in said
case shall not thereby be postponed
or delayed. but said trial, the sub
mission Of said case to the jury
Tor verdict. and the return of the
verdict thereon shall proceed in all
respects as though the defendant
were present in court at all tins.
CHAPTER ID. Dismissal Of Pro-
secution.
Sec. l9f. Speedy Trial Reduction
q Bail. and Discharge of Prisoner.
~ When a person has been COM
United 10 custody TO answer any
criminal charge. and shall apply to
the court on the first day of the
term 10 which he has been COM
Tnitfed. that he desires TO be brought
70 his trial before the end of the
term. and shall not be indicted or
informed against at that term tun-
Jess il appear to the satisfaction of
the court that the witnesses could
not be prOcured). the court shall
ST him al liberty upon his giving
bail IN a reasonable penalty to APP
pear al the next term If the per-
son m custody be not indicted or
informed against in the second term
fInless the attendance Of witnesses
is prevented By HIMSELF, he shall
De discharged from Imprisonment;
and II he IS not tried at or before
rhe third term after the date he IS
FIRST committed. he shall be forever
discharged from the crime.
- When person has been ar
Test d and released on bond. and
thereafter for three successive terms
II court. files written demand for
trial Serving a COPY on the prose-
cutting attorney and he is not
brought 10 trial at or before the
fhird full term after the date he is
first committed. he shall be forever
discharged from the crime, provided
however the attendance Of the wit
nesses o. not prevented by himself,
and be has filed no pleading seek
my 2 continuance.
CHAPTER Is. Continuance.
See. 49,. Right TO Speedy Trial.
IN all criminal prosecutions the
STATE and the defendant shall each
have the right TO a speedy trial.
See l96. Continuance Definition
Il. - a continuance within the
meaning Of this chapter is the post
ponement Of cause for any period
of time.
- The Court on the application of
either party or on its own motion
may IN its discretion for good cause
grant a continuance.
Ser. 197. When Application for
Continuance to be Made. An appli-
cation for continuance may be made
onlT before or at the time the case
o. set for trial. unless good cause for
failure so 70 apply is shown or I'M
Jess the ground for application arose
after the cause was set for trial.
See 1875 Form Of Application for
Continuance. An application for
continuance shall be in writing. The
application shall specify the ground
upon which IL is based and shall be
signed by the prosecuting attorney
Or bv counsel for the defendant. as
fh.- case may be, and shall be &C
companied by the certificate of the
Eigner that is made in good faith
and shall be sworn to by the appli-
cant
Sec. 100. Application for Contin-
uance on Ground of Absent Witness.
An application for continuance on
the ground that a witness is abb
sent shall state:
ca The name and residence of the
witness and that the witness is alb
sent.
90 The facts expected to be prov
I'd bY the witness;
fcb That the testimony of the
witness is material and not merely
cumulative. and that the facts TO be
proven BY the witness cannot be
proven b. any other available wit
nes6es.
90 Whether witness is legal resi-
dent Of this State:
teD Facts showing that due dill
Eence has been used to obtain the
witness. and that service of a
summons on the witness has been
attempted within a reasonable time
before trial. but witness could not
b. found:
~ Facts showing that the appli-
cant expects TO be able TO procure
fhs attendance of the witness at a
sDeciDed time:
go That the witness is not abb
sent through the procurement. con-
nltance. or consent either directly
oT Indirectly Of the applicant;
ihj That hte applicant heblleveS
that the cause cannot be tried with
justice 10 the party without the evil
dence Of such witness:
40 Facts showing when the wit
ness left the jurisdiction of the
court whether his absence is tenn
DOrary or permanent. and when he
is expected TO return;
- Facts showing when and how
the applicant learned that the wit
ness would testify as alleged in the
motion:
tkD II the witness is not expected
20 return. the filing of interroga-
tories 10 be prOpOunded to such alb
sent witness. and a request that a
commission be issued to take the
deposition Of such witness, if the
applicant is the defendant.
"a That the witness will be pres
ent al a designated time, not later
than the next term of court. or that
has deposition will be obtained uf
applicant is DEFENDANT.
Sec. 1894. Dispositions. (a) At any
tine after defendant is bound over
for trial I'D 10 and including day de-
fendant is arraigned upon Indictment
or information. il he shall satisfy
the court by his oath in writing, or
bY the afiidaYits of credible persons,
that the testimony of absent per-
sons il material and necessary to
ms defense. and that such witness
reside beyond the jurisdiction of the
court or are so sick and intirm that
With diligence their attendance can
not b. procured at the same or the
next succeeding regular or special
term az which the cast may be tried.
the Judge upon the proper appllca-
tinn Of the accused or his attorney,
and the filing of the interrogatories
10 be propOunded To such absent
Witnesses. shall order that a COM
mission be issued 10 take the de-
position Of such witnesses TO be used
Ia the trial.
90 II a defendant desires to per-
petuafe the testimony of a witness
living ~ or out the state. whose
testimony is material and necessary
20 his defense. the same proceedings
shal be followed as set forth in
Section "a hereof: with the eXcep-
tion. however. that the testimony
Of such witness be taken before an
Official court reporter. transcribed
by him. and filed in the trial court.
tcb The order for issuing such
commission may be made by the
nudge. either in term time or in va