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

cute the appeal, the court may re-
lieve him from such duty, but shall
appoint other counsel for such pur-
pose. When counsel so appointed
by the court, in capital cases. COM
pletes the duties imposed by this
section. it shall be the duty of such
counsel to file a written report as
to the duties performed by him, and
apply for DISCHARGE by the court.
The compensation of counsel for
the Defendant, at the trial, shall
not exceed $4,000: and Defendants
counsers compensation on appeal,
shall not exceed $4,000 additional
Habeas Corpus. Whenever in any
criminal prosecution, writ of Hab-
cas- Corpus is applied for, by any
person charged with any criminal
offense and the accused shall have
been remanded to custody by the
court to which such application is
made. a supersedeas of such order
made upon appeal being taken to
the appellate court, shall not pre-
the prosecution and trial of the ac-
cused pending the decision in such
matter of habeaS corpus by the APP
pellate court. but in such cases the
State may procede with the prose-
cution and trial of the accused in
the same manner as if an appeal
had not been taken in the habeas
corpus proceeding. Should the ac-
cused be convicted, however, of the
charge, then in that event, the court
shall withhold imposition of SEN
tence and final Judgment until the
appellate court shall have deter
mined the issues presented in the
matter of habeas corpus.
Sec. 159 Trial of Person in Gus
tody. When an indictment has been
returned or an information filed for
a fleony and the accused be in
custody the court shall cause him
to be arraigned and tried at the
same term during which said indict-
ment or information is filed, unless
good cause be shown for a continu-
ance.
CHAPTER 10. Jurisdiction and
Venue.
Sec. 100. Offense Committed Else
where But Contaminated Here
When the commission of an of
Tense committed elsewhere is con-
summated within the boundaries of
this State. the offender shall be Ii
able to punishment here, though he
was out of the State at the commits
sion of the offense charged, if he
cOnSummated it in this State thru
the intervention of an innocent or
guilty agent. or byother means pro-
ceeding directly from himself, and
the jurisdiction in such case, unless
otherwise provided by law shall be
in the county in which the offense
was consummated.
Sec. 161. Offense in or Against
Aircraft. Any person who commits
an OffenSe in or against any air.
craft while it is in flight over this
state may be tried in this state.
The trial in such case may be in
any county over which the aircraft
passed in the course of such flight.
Sec. 1852. Place of Trial Generally
In all criminal prosecutions the
trial shall be in the county where
the offense was committed unless
otherwise provided in this Code.
Sec. 163. Where Accessory in One
County and Offense Committed in
Another. Where a person in one
county aids. abets or procures the
commission of an offense in another
county he may be tried for the Of
Tense in either county.
Sec. 1874. Where Offense Commit
ted Partly in one and Partly in An
other County. Where several acts
are requisite to the commission of
an offense. the trial may be in any
county in which any of such acts
occur.
Sec. LOO Wn6re GerSOn IN OHe
County COMMITTEES Offense in An
ty commits an offense in another
county the trial may be in either
county.
Sec. 1855. Where Offense Commit
ted on Railroad Train or other We
hicle. Where an offense is COM
mitted on a railroad train or other
public or private vehicle while in
the course of it's trip the trial may
be in any county through which such
train or other vehicle passed during
such trip.
Sec 167 Where Offense Commit
ted on Vessel. Whene an offense is
committed on board a vessel in the
course of its voyage. the trial may
be in any county through which the
vessel passed during such voyage.
Sec. 1853. Where Injury Inflicted
in One County and Death Occurs
in Another. Where person inflicts
an injury upon another person in
one Bounty from which the injured
person dies in another county, the
trial for the homicide may be in
either county.
See 1863 Where Stolen Property
Brought Into Another County. Where
a person obtains property by lar
ceny. robbery. false pretense or
enlightenment in one county and
brings the property so obtained into
any other county or counties, he may
be tried in the county in which he
obatins the property or in the other
county into which he brings it.
Sec. no. Conviction or AcquittaI
Bar to Prosecution. (a) No person
shall be held to answer on a second
Indictment or information for a
crime for which he has been acquit-
ted but such acquittal may be plead
ed by motion in bar of any subse-
quent prosecution for the same
crime, notwithstanding any defect
in the form or circumstances of the
Indictment or information.
Cd Where person may be tried
for an offense in two or more coun-
ties, conviction or acquittal of the
offense in one county shall be a bar
to a prosecution for the same Of
Tense in another county.
CHAPTER IL. Change of Judge
and Removal of Cause.
Sec. III. Change of Judge ID On
a prosecution by indictment or in
formation. the prosecuting attorney
or the defendant may apply for a
change of Judge by making and fill
ing an affidavit that he. fears a fair
trial cannot be had in the court
where the case is pending on ac-
county of the prejudice of the Judge
of said court against the applicant.
or in favor of the adverse, and there
upon, such Judge shall proceed no
further therein. but another Judge
shall be designated in manner pre-
scribed by the laws of Florida for
the substitution of judge for the
trial of causes where the presiding
judge is disqualified
~ The presiding judge may, how
ever. examine the affidavits support
ing the motion to disqualify him
for prejudice. to determine its legal
sufficiency. but shall not pass on the
truth of the facts alleged, nor adj
Indicate the question of his disquali-
fication