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


sentenced to Imprisonment for life
or if found by the judge of the court
where there is ND jury, to be entitled
to a recommendation to mercy, shall
be sentenced to Imprisonment fol
life. at the discretion of the court.
CHAPTER 90 Motion for New
Trial and Arrest of Judgment
238. Granting New Trial. When g
verdict has been rendered against
been found guilty by the court. the
court on motion of the defendant, Oh
on its own motion, may grant a new
trial.
Sec. 239. Time for Making Motion
I'd Every matter which heretofore
could be set forth in a motion in ar
rest of judgment shall be included
in the motion for a new trial anC
the filing of motion in arrest OF
Judgment is hereafter dispensed with
% When the defendant has beer
found guilty by jury or bv the court
a motion for new trial may be die.
tated into the record. if a court re.
porter is present, and argued and dis.
posed of by the trial Judge immed.
lately after the return of the YER
2ict. or after defendant has beer
found guilty by the Court. The
court may rule upon the same i'm.
motion the court shall Immediately
sentence the defendant and shall
dictate to the reporter such denial
the defendant may Immediately
thereafter file his notice of appeal
and upon filing notice of appeal the
court shall fix the amount of the
appeal bond if the defendant is en-.
titled to bail. and upon the filing oil
the notice of appeal and the filing
Af ha
the defendant shall be released from
custody. A certificate shall be pre-.
pared by the clerk setting forth the
filing and approval of the bond anC
such certificate when presented to the
officer having the defendant in Gus
tOdy shall be sufficient authority fol
the defendants release.
co A motion for a new trial may
be made within four days, or such
not to exceed fifteen days, after
the rendition of the verdict or the
finding of the court, but until sale
motion for new trial is heard anC
disposed of. the defendant shall re
main in custody and not be allowed
his liberty on bail; provided that the
court may upon good cause being
shown. if the offense for which
convicted is bailable, permit the de-
the motion for new trial is heard anC
disposed of.
"a In no case, whether capital OF
not. shall an appeal be a supersedae.
to the execution of the judgment
sentence. or order complained of
except upon payment by the appel
liant of all costs which have accrued
in the case up to that time, anC
upon his entering into bond with two
or more sufficient sureties according
to law. in a sum sufficient to secure
the payment of such judgment, fine
future costs as may be adjudged anC
affirmed in the appellate court, ant
conditioned that the appellant shall
be personally forthcoming to answer
and abide the final order sentenc,
or judgment which may be passet
in the premises by the appellate
court. and in case the cause is re
manded. that the appellant shall per
sonally be and appear, at the mex
term of the court in which the case
was originally determined, there
after to be held to answer in thu
premises and not to depart from thu
court without leave thereof. But il
cases where capital punishment il
by the sentence of the court ordered
to be inflicted. the person of the de
PENDANT shall be the only security re
quired for his forthcoming to an
swer as aforesaid.
Sec. 24O. CORN of Motion-Notic.
to Prosecuting Attorney. The motion
for new trial may be in writing
and when in writing shall be filet
with the clerk; it shall state the
grounds on which it is based.
copy of said motion, when in writ
ing, shall be served on the prescott
ing officer. and when the court ha:
set a date for the hearing of the
motion. the clerk shall notify coun
the attorney for the defendant may
procure a date for hearing from
the judge and shall serve the notice
of such hearing on the prosecuting
officer.
Sec. 241. Grounds for New Trial
The court shall grant a new trial il
any of the following grounds are es
tablished:
ca That the jurors decided the YER
dict by lot;
(b) That the verdict is contrary
(c) That new and material evidence
which if introduced at the tria
would probably have changed the
verdict or finding of the court, is
discovered which the defendant could
not with reasonable diligence have
discovered and produced upon the
trial
Sec. 242. Grounds for New Trial
if Substantial Rights of Defendant
Have Been Prejudiced. The court
shall grant a newtrial if any of the
following grounds are established
provided the substantial rights OF
the defendant have been thereby
preiudiced
(a) That the defendant was not
present at any proceeding where
his presence is required under this
Code;
(b) That the jury has received any
evidence out of court, other than
that resulting from a view of the
premises;
(c) That the jurors after retiring
to deliberate upon the verdict have
separated without leave of court;
I'D That any of the jurors has been
guilty of misconduct;
(e) That the prosecuting attorney
has been guilty of misconduct;
Cd That the court has erred in the
decision of any matter of law arts.
ing during the course of the trial
(g) That the court has misdirected
the jury on matter of law or has
refused to give proper instruction re-
quested by the defendant.
Judgment shall be arrested only on
one or more of the following grounds
(a) That the indictment or infor-
nation does not charge an offense;
(b) That the court is without juris-
diction of the cause;
(c) That the verdict is so uncer-
tain that it does not appear there
from that the jurors intended to con-
vict the defendant of an offense OF
which he could be convicted under
the indictment or information
I'D That the defendant was convict
ed of an offense for which he could
not be convicted under the indict-
ment or information;
trial when from any other cause
not due to his own fault the defend
ant has not received a fair and inn.
partial trial or the sentence exceeds