The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
Sec. 1O7. Definitions. In this chap


ter:
(a) The singular number includes
the plural and the plural includes
the singular.
(b) The masculine gender includes
the feminine and neuter genders.
(c) The words person." "defen-
dant' and similar words include, I'M
less a contrary intention appears,
a public or private corporation.
Id the term "act" includes omis-
sion to act.
(e) The word property" includes
any matter or thing other than a
person. upon or in respect to which
any offense may be committed.
60 The words indictment" and
information" unless a contrary in
tention appears, include any count
thereof.
(g) The terms writing" and
painted. typed, engraved, Autograph
ed photographed or otherwise cop
led. traced or made visible to the
eye.
CID The term 1.-THE court" unless a
contrary intention appears, means
the court before which the trial is
had.
ID The term prosecuting attor-
ney" includes the prosecuting officer
of any court in the state, his assis-
tants. and attorneys appointed by
the court to act in the place and
stead of the prosecuting attorney.
Sec. 108. Caption-Commence
amendment. ID Whenever an OBJ
lection is made that an indictment
or information does not contain a
caption or commencement. a caption
may be prefxed to, and a commence
ment may be inserted in. the in
dictment or information; and any
defect. error, or omission in a cap
ton or commencement may be am
ended as of course, at any stage of
the proceedings, and after moving
to quash or pleading to the merits.
90 1t is unnecessary to allege that
the grand jurors were impaneled,
sworn or charged, or that they pre-
sent the indictment upon their oaths
or affirmations.
Sec. 100. Conclusion. The indict-
ment or information need contain no
formal conclusion.
Sec. 40. Subscription and Veri-
ficatiOn of Information % All in
formations shall be subscribed by
the prosecuting attorney. and veri-
fed, as above provided, shall be
made or entertained after moving to
quash or pleading to the merits.
Sec. III. Form of Indictment.
The Indictment may be in substan-
TALLY the following form: In the
Estate name of COURT the 49,. day
of ....... 49,. The State of Florida
versus A. B........... In the name
and by the authority of the State of
Florida; The Grand Jurors of the
County of ........ charge that A. b.
Estate offense).
Sec. 112 Form of InformatiOns. The
information NAV be in substantially
the following form: In the Estate
name of COURT the -. day of ,....
19..... The State of Florida VS.. A..
B. ....... In the name and by the
authority of the State of Florida: x
Y. Ctitle of prosecuting OfIicer for
the county of ...... charges that A.
3. Estate offense).
Sec. 113. Bill of Particulars. The
court, on motion. may order the
prosecuting attorney to furnish a bill
Of particulars, when the indictment
or information fails to inform the
defendant Of the particulars of the
offense sufficiently to enable him to
prepare his defense.
Sec. ia. Name of Person Other
Than Defendant. % In an indict-
ment. information or bill of par
ticulars it is sufficient for the pur-
pose of indentifYing any person 9TH
er than the defendant to state his
true name, or to state the name, ap-
pellatlon or nickname by which he
has been or is known, or if no bet
ter way of identifying such person
is practicable, to state a fictitiuos
name. or to state the name of an
Office or position held by him, or
to describe him as "a certain per-
son. - or. by Words of similar import,
or in any other manner. In stating
the true name of such person or
the name by which such person has
been or is known. it is sufficient
to state a surname. or a surname
and one or more given names, or
surname and one or more abbreVia-
tons or initials of a given name or
names.
90 1t is sufficient for the purpose
OF describing any group or associa-
ton of persons not Incorporated to
state the proper name of such group
or association, or to state any name
or designation bv which the group
or association has been or is known
or by which it may be identified, or
to state the name or names of one
or more persons in such group or as
sociation. referring to the other or
others as another" or Others"
90 1t is sufficient for the purpose
of describing a corporation to state
the corporate name of such corpo-
ration, or any name or designation
by which it has been or is known,
Or by which it may be identified,
without an aVerment that the corpo-
ration is a CORPORATION or that it was
incorporated according to law.
ca In no case it is necessary to
aver or prove that the true name of
any person. group or association of
persons or any corporation is I'M
known to the grand jury or prose-
cutting attorney.
90 II in the course of the trial the
true name of any person, group or
association of persons. or corpora
ton. described otherwise than by
the name is disclosed by the evil
dence, the court shall cause the true
name to be inserted in the indict-
ment. information, bill of particulars
and record wherever the name ap-
pears otherwise
Sec. 115. Description of Written
Instruments. Whenever it is neces-
sary IN an indictment or information
10 make an aVerment relative to any
instrument which consists wholly
or in part of writing or figures, pic
lures or designs, it is sufficient to
describe such instrument by any
name or description by which it is
usually known or bv which it NAV
be identified. or by its purport, with
gut setting forth a copy or facsimile
of the whole or any part thereof.
The description. if in bill of par
tiCulars. is sufficient if it sets forth
the character and contents of the
instrument with such particularly
as to enable the defendant to pre-
pare his defense
Sec. 116. Description of Written
Matter. Whenever in an Indictment or
inf Form a y,
any spoken or written words or any
picture is necessary, it is sufficient
to set forth such spoken or written
words bv their general purport or
to describe such picture generally,
without setting forth a copy or fac
smile of such written words or such
picture. The description if in a bill