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

PROFOUND pertinent questions to the
Juror after such examination of the
court.
t2) If the court after the exami-
nation OF any juror is of the opin-
ion that he Is incompetent the court
shall excuse him from the trial of
the cause. If. however. the court
does not excuse the juror. either
party NAV then challenge him, as
hereinafter provided.
Sec. Isl. Grounds for Challenge to
Individual Jurors for Cause. \ chal-
lenge for cause to an individual
juror may be made only on the
ground:
(a) That the juror has not the
qualifications required by law.
(b) That the juror is of unsound
mind or has such defect in any or
gan of the body as renders him in
capable of performing the duties of
(cJ That the juror entertains
such conscientious convictions as
as would preclude his finding the
defendant guilty.
I'D That the juror served on the
grand jury which found the indiet-
ment or on coroner's jury which
inquired into the death OF person
whose death is the subject of the
indictment or information.
tel That the Juror served on a jury
formerly sworn 20 try the defendant
on the same charge.
CD That the juror served on a
jury which has tried another person
for the offense charged in the in
dictment or information.
(g) That the juror served as
juror in a civil action brought ag-
ainst the defendant for the act
charged as an offense.
th) That the juror is party adj
verse to the defendant in a civil
action, or has complained against Or
been accused by him in n criminal
prosecution.
(D That the juror is related by
blood or marriage within the third
degree to the defendant or the at
torneys of either party or 10 the
person alleged to be injured by the
offense charged or on whose COM
plant the prosecution was instituted.
Cd That the juror has a state of
mind in reference TO the cause or to
the defendant or TO the person al
legged to have been injured by the Of
Tense charged, or to the person on
whose complaint the prosecution was
instituted. which will prevent him
from acting whit impartiaiity; but
the formation of an opinion or I'M
preston regarding the guilt or in
nocense of the defendant shall not
of itself be sufficient ground of chal-
lenge to a Juror, if he declares, and
the court is satisfied. that he can
render an impartial verdict according
to the evidence.
Cx) That the Juror was n witness
either for the State or the defend
ant on the reliminary examination
or before the grand jury or is to be
a witness for either party AT the
trial.
Cd That the Juror is one of the
sureties on defendants BAH bond in
the cause.
Sec. 1856. When Challenge to In
dividual Juror to Be Made. A chal-
lenge to an individual juror may
be made only before the juror is
sworn to try the cause, except that
the court NAV for good cause permit
it TO be made after the juror is
sworn but before any evidence is
presented.
Sec. 1S6 How Challenge to In
dividual Juror to BE Made. A chal-
lenee to an individual juror may be
oral. When a juror is challenged for
cause the ground for challenge shall
be stated.
Sec. 1877. How Challenge to Indi-
vidual Juror to Be Tried. Challenges
to an individual juror shall be tried
by the court.
Sec. 1SS. Examination of Wit
ness on Trial of Challenge to In
dividual Juror. Upon the trial of
challenge to an individual juror for
cause the juror challenged and any
other material witness produced by
the parties shall be examined on oath
by the court and may be so exam
ined by either party.
Sec. 1S9. Number of Peremptory
Challenges. The State and the de-
PENDANT shall each be allowed the
following number of peremptory
challenges:
(a) Ten. if the offense charged is
punishable by death or imprisonment
for life.
OBJ Six. if the offense charged is
a felony not punishable by death or
Imprisonment for life.
(c) Three. if the Offense charged is
q misdemeanor.
Cd If two or more defendants are
Jointly tried each defendant shall be
allowed the number of peremptory
challenges specified above and in
such case the State shall be allow
ed as many challenges. as are al
lowed to all of the defendants.
Sec. 100. Effect of Sustaining
Challenge TO Individual Juror. If
a challenge to an individual juror is
sustained he shall be discharged
from the trial of the cause.
Sec. 191. Number of Alternate
Jurors. (a) Twelve men shall con-
stitute a jury 20 try all capital cases,
and six men shall constitute a jury
to try all other criminal cases.
OBJ Whenever in the opinion of
the court trial is likely to be n
protracted one, the presiding Judge
of such court may direct that one
or two jurors. in addition to the reg
ular panel be called and impancl-
led to sit as alternate Jurors. AL
ternate jurors in the order in which
they are called shall replace Jurors
who. prior to the time the jury re-
tires to consider its verdict, become
unable or disqualified to perform
their duties. Alternate jurors shall
be drawn in the same manner, shall
have the same qualifications, shall
be subject TO the same examination,
shall take the same oath and shall
have the same functions, powers,
facilities and privileges as the prin-
cipal jurors. An alternate Juror,
who does not replace a principal iur-
or. shall be discharged at the time
the jury retires To consider its YER
dict. If one or two alternate Jurors
are called. each party is entitled to
one peremptory challenge in addition
to those otherwise allowed by law
for each alternate juror so called.
The additional peremptOry challenge
may be used only against the alter
nate juror and the other peremptory
challenges allowed by law shall not
be used against the alternate iur-
ors.
Sec. 1872 Oath of Jurors. The
following oath shall be administered
TO the Jurors: You do soIennIv
swear for affirm that you viii well
and truly try the issues between the
State of Florida and the defendant
when you shall have in charge and
a true verdict render according to
the law and the evidence. so help
YOU Cod"