From Casetext: Smarter Legal Research

Lake v. State

Supreme Court of Florida, En Banc
Jul 29, 1930
129 So. 833 (Fla. 1930)

Opinion

Opinion filed July 29, 1930. (Indictment No. 14)

A Writ of Error to the Circuit Court for Seminole County; DeWitt T. Gray, Judge.

Reversed.

Dickenson and Lake, for Plaintiff in Error;

Fred H. Davis, Attorney General, and Roy Campbell, Assistant, for Defendant in Error.


On Petition for Rehearing.


In this case Forrest Lake was indicted in Seminole County in February, 1928, for loaning to himself as president of the Seminole County Bank a sum in excess of that allowed under the banking laws of this state. He was tried and convicted and sentenced to a term of four years in the state penitentiary and now seeks reversal of the judgment on writ of error.

To reverse the judgment below two errors are relied on viz: (1) The court erred in sustaining the demurrer of the state to the plea in abatement filed by the defendant February 23, and (2) The court erred in overruling defendant's challenge to the array of jurors filed April 12, 1928.

What was said in Forrest Lake v. State of Florida, Indictment number nine, decided this date is decisive of the first question as above stated.

The challenge to the array in this case was predicated on the same ground as the motion in arrest in Forrest Lake v. State of Florida, Indictment number nine. A challenge to the array goes to illegalitus in drawing, selecting, or empanelling the petit jury and cannot be predicated on the disqualification of its individual members. It must be urged before the trial. Green v. State 60 Fla. 22, 53 So. R. 610 Presley v. State 61 Fla. 46, 54 So. R. 367.

In the case at bar, the challenge to the array was seasonably made, was properly predicated and should have been sustained. The judgment below is therefore reversed.

Reversed.

TERRELL, C. J., and WHITFIELD, ELLIS, STRUM and BUFORD, J. J., concur.


Summaries of

Lake v. State

Supreme Court of Florida, En Banc
Jul 29, 1930
129 So. 833 (Fla. 1930)
Case details for

Lake v. State

Case Details

Full title:FORREST LAKE, Plaintiff in Error, v. STATE OF FLORIDA, Defendant in Error

Court:Supreme Court of Florida, En Banc

Date published: Jul 29, 1930

Citations

129 So. 833 (Fla. 1930)
129 So. 833

Citing Cases

Rivera v. Wainwright

ORDER OF DISMISSAL 270 So.2d 62 453 F.2d 162 259 So.2d 153 60 Fla. 22 53 So. 610 100 Fla. 386 129 So. 833…

Tibbs v. State

By going to trial before a jury without any objections, a defendant waives all irregularity in the drawing,…