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

the said judge, does not stand fair
and impartial between the parties
and if such judge shall hold, rule
and adjudge that he does stand fair
and impartial as between the par
ties and their respective interests,
he shall cause such ruling to be
entered on the minutes of the court,
and shall proceed to preside as
judge in the pending cause. The
ruling of such judge NAV be review
ed by the appellate court, as are
other rulings of the trial court.
Sec 172. Removal of Cause. ID
On a prosecution by indictment or
dant may apply for removal of the
cause on the ground that a fair and
impartial trial can not be had for
any reason other than the interest
or prejudice of the trial judge.
(2) In all criminal cases pending
in any of the criminal courts of rec
ord in any county in this state,
changes of venue may be had and
granted upon the same terms and for
the same reasons and grounds and
in the same manner as is now pro-
vided by law for changes of Venue
in causes pending in the circuit
courts. When any change of venue
is granted in any cause any such
criminal court of record in some ad-
joining county, if there be one but
if there shall be no criminal court
of record in any adjoining county,
the venue shall be changed to the
circuit court of some adjoining coun-
ty: Provided. that the venue in
cases of misdemeanOr shall be
changed to the county court of some
adjoining county, if there be a coun-
ty court therein. Upon such change
the original papers in the cause, to-
gether with a certified copy of the
order changing the venue shall
forthwith be forwarded by the Clerk
to the court to which such venue
is changed, and he shall preserve
in his office certified copies of all
such original papers so transmit
ted.
Sec. 173. Application for Removal
of Cause-How and When Made
The application for removal of the
cause shall be in writing and shall
bd filed not less than ten (10) DAYS
before the trial of said cause unless
good cause be shown for the fail
ure to so file same within such
time. 1t shall state the ground or
grounds on which it is based and
shall also state the fact or facts
constituting the ground or grounds.
When made by the State, it shall be
verified by affidavit, of the prose-
cutting attorney: when made by the
defendant. it shall be verified by his
affidavit and when the defendant is
represented by counsel, said affidavit
shall be accompanied by a certifi-
cate of counsel of record that said
affidavit and application are made
in good faith.
Sec ia. Service of Copv of Appli-
cation for Removal of Cause. Upon
the filing of an application for re-
moval of the cause a copy thereof
and copy of any supporting aft
davit shall be served upon the other
party prior to the hearing of the ap-
plication.
Sec. It's. Duty of Judge Upon APP
plication for Removal of Cause.
Where the application is made for
removal of the cause the court shall
hear the application and shall grant
or refuse it after considering the
facts set forth therein and the affi-
davit accompanying it and any
other affidavits or counter affidavits
that may be filed after hearing any
witness produced by either side If
the court grants the application it
shall make an order removing the
cause to the proper court of some
other convenient county where a
fair and impartial trial can be had.
u,
If Defendant is in Custody If the
defendant is in custody. the order
shall direct that he be forthwith de-
livered to the custody of the sheriff
of the county to which the cause is
removed.
Sec. III. Order of Removal-Re-
cording and Transmission. The
clerk shall enter on the minutes the
order of remvoal and shall trans
nit to the court to which the cause is
removed a certified copy of the or
der of removal and of the record
and proceedings and of the under
takings of the witnesses and of the
accused. if any
Sec. 178. Duty of Witnesses. Where
the cause is removed to another
court the witnesses who have enter
ed into undertakings to appear at
the trial shall, on notice of such re-
moval. attend the court to which
the cause is removed at the time
specified in the order of removal.
A failure so to attend shall work a
forfeiture of the undertaking.
Sec. 49, Proceedings Where Sew
eral Defendants. If there are several
defendants and an order is made re-
moving the cause on the application
of one or more but not all of them.
the other defendants shall be tried
and all proceedings had against them
in the county in which the cause is
pending in all respects as if no or
der of removal had been made as to
any defendant
Sec. $50. Duty of Prosecuting At
torney and Court to Which Cause
Removed. ID The court to which
the cause is removed shall proceed
TO trial and Judgment therein as if
the cause had originated in such
court. III it is necessary to have
any of the original pleadings or 9th
err papers before such court. the
court from which the cause is re-
moved shall at any time upon appi-
cation of the prosecuting attorney
or the defendant order such papers
or pleadlngs to be transmitted by
the clerk, a certified copy thereof
being retained.
W me prosecuting attorney of the
court to which the cause is removed
may amend the information, or file
a new information. and such new
information viii be entitled in the
county in which the trial is had.
but the allegation as to the place of
commission of the crime. shall cover
the county IN which the crime was
actually committed.
Trial.
Sec. 181. When Trial by Jury Nav
Be Waived. In all cases except
where a sentence of death NAV be
imposed trial by jury may be waived
by the defendant. Such waiver shall
be made in open court and an en-
norsement thereof made on indict-
ment or information and signed by
defendant.
CHAPTER Is. Trial Jury.
Sec. 182. Challenge to Panel. The
State or the defendant may chal-
.enge the panel or an individual
Juror
A challenge to the panel may be
made only on the ground that the
Jurors were not selected or drawn
according to law.
Challenges to the panel shall be
mad and decided hnfnrn an IL