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


davits. The court in its discretion
may require additional affidavits or
counter aftdavits and shall either
grant or refuse the application after
considering the allegations thereof
and any affidavits or counter-affi-
davits that may be filed.
Sec. 20f. Time for Continuance.
No continuance shall be granted for
longer time than the ends of justice
require.
Sec. POP. Continuance Where Sew
eral Defendants. Where there are
several defendants and continu-
ance is granted on the application of
one or more but not all defendants,
the trial of the other defendants
shall proceed unless the court Or
ders otherwise.
CHAPTER II. Proceeding to Deter
mine Mental Condition of Defendant.
Sec. 203 Examination of Defend
ants Mental Condition to Determine
Whether He Shall Be Tried. % If
before or during trial the court, of
its own motion. or upon motion of
counsel for the defendant, has rea-
SOnable ground to believe that the
defendant is insane, the court shall
Immediately fix a time for a hearing
to determine the defendants mental
condition. The Court Amay appoint
two disinterested QUALIFIED experts
to examine the defendant and to tes-
tify at the hearing as to his mental
condition. Other evidence regard
ing the defendants mental condi-
ton may be introduced at the hear
ing by either party.
~ If the court. after the hearing,
decides that the defendant is sane,
it shall proceed with the. trial. If,
however, it decides that the defend
ant is insane. it shall take proper
steps to have the defendant commit
ted TO the proper institution. If the
defendant is declared insane. during
the trial. and afterwards released
from the institution to which he has
been committed. as sane, his former
uncompleted trial shall not cOnSti-
tute former jeopardy. If after de-
PENDANT has been committed to an
institution as insane, the proper Of
ticer of such institution is of the OPP
inion that the defendant is sane, he
shall report this fact to the court
which conducted the hearing. If
the officer so reports, the court shall
fix a time for a hearing to deter
mine whether the defendant is sane
This hearing shall be conducted in
all respects like the original hearing
to determine defendants sanity. If
found sane. the trial shall proceed
recommitted as hereinabove set
forth. No defendant committed by
court to an institution. by reason
of the examination referred to in
this paragraph shall be released
therefrom. without the consent of the
court committing him.
Sec. 204. Appointment of Expert
Witnesses by Court. Whenever on
a prosecution by indictment or in
formation the existence of insanity
on the part of the defendant at the
time of the alleged commission of
the offense charged becomes an is
sue in the cause. the court may ap-
point one or more disinterested quail
flied experts. not exceeding three,
. to eXamaine the defendant. If the
court does so. the clerk shall notify
the prosecuting attorney and counsel
for the defendant of such appoint
ment and shall give the names and
addresses of the experts so appoint
ed. If the defendant is at large on
bail. the court in its discretion may
commit him to custody pending the
examination by such experts. The
appointment of experts by the court
shall not preclude the State or de-
PENDANT from calling expert witness
eS to testify at the trial and in case
the defendant is committed to Gus
tody by the court they shall be per-
mitted to have free access to the de-
PENDANT for purposes of examination
or observation. The experts appoint
ed by the court shall be summoned
to testify at the trial and shall be
examined by the court and may be
examined by counsel for the State
and the defendant.
Sec. 205. Fees for Expert Wit
nesses. When expert witnesses are
appointed BY the court they shall be
allowed such fees as the court in
it's discretion deems reasonable, hav-
ing regard to the services performed
lowed shall be paid bv the county
where the indictment was found or
the information filed. Such fees to
be taxed as costs in the case
CHAPTER IS. Conduct of Trial.
Sec. 206. Defendant at Large on
Bail Appearing for Trial May be
Committed to Custody. The court in
its discretion any time after a defen.
dant who is at large on bail ap-
pears for trial, may commit him to
the custody of the proper official to
abide the judgment, sentence and
any further order of the court.
Sec. 207. Trial Where Joint De-
PENDANTS. When two or more defen-
dants are jointly charged with an
offense. whether felony or misde-
meanor. they shall be tried jointly
unless the court in it's discretion on
the motion of the prosecuting attor-
ney or any defendant, orders sep
arate trials. In ordering separate
trials. the court may order that one
or more defendants be each sep
arately tried and the others jointly
tried or may order that several de-
PENDANTS be Jointly tried in one trial
and the others jointly tried in an
other trial or trials, or may order
that each defendant be separately
tried.
Sec. 2O8. Procedure, where Of
Tense Committed Outside State. II
the jury is discharged on the ground
that the court is, without jurisdiction
because it appears that the offense
charged was committed outside this
state the court may order the de-
PENDANT to be discharged or may di-
rect that a communication be sent
by the clerk of the court to the
chief executive officer of the state,
territory or district where the Of
Tense was committed and may COM
NIT the defendant to custody or ad-
init him to bail. for such time as
it deems reasonable. to await a req
uisition for his extradition to such
state, territory or district. If no
requisition is made within the time
set by the court the defendant shall
be discharged and if he has been
admitted to bail. the court shall or
der that the surety or the defendant
as the case may be, be exonerated
from liability on his undertaking, or
if money or bonds have been depos-
tied as bail. that such money or
bonds be returned.
Sec. 200. Procedure Where Offense
Committed in Another County. If
the jury is discharged on ground that
the court is without jurisdiction of
the offense charged because it APP
pears that it was committed in an
other county of this State and that
the court is not empowered by this
Code to try such offense, the Court
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