Likens v. State

Supreme Court of Florida

Likens v. State

16 So. 2d 158, 153 Fla. 887, 1944 Fla. LEXIS 443

CourtSupreme Court of Florida

DecidedJanuary 4, 1944

StatusPublished

Cited by4 cases

This text of 16 So. 2d 158 (Likens v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Likens v. State, 16 So. 2d 158, 153 Fla. 887, 1944 Fla. LEXIS 443 (Fla. 1944).

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Opinion

ADAMS, J.:

In this case the question is presented whether one of the jurors was disqualified or subject to challenge because there was a criminal prosecution pending against him. The juror answered that there was no criminal prosecution pending against him. The question was raised on motion for a new trial and it appears from the record that several years prior a prosecution was pending against the juror and the case was transferred to the absentee docket where it remained at the time of this trial. The trial court held that after the case was transferred to the absentee docket, then the prosecution was no longer pending; that only an affirmative act by the state would revive the prosecution. We find this ruling free of error.

We might add also that the verdict was not void and the error, if any, was harmless under Sec. 54.26, Fla. Stat. 1941.

All other questions have been duly considered and finding them without merit the judgment is affirmed.

BUFORD, C. J., TERRELL and CHAPMAN, JJ., concur.

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ADAMS, J.:

In this case the question is presented whether one of the jurors was disqualified or subject to challenge because there was a criminal prosecution pending against him. The juror answered that there was no criminal prosecution pending against him. The question was raised on motion for a new trial and it appears from the record that several years prior a prosecution was pending against the juror and the case was transferred to the absentee docket where it remained at the time of this trial. The trial court held that after the case was transferred to the absentee docket, then the prosecution was no longer pending; that only an affirmative act by the state would revive the prosecution. We find this ruling free of error.

We might add also that the verdict was not void and the error, if any, was harmless under Sec. 54.26, Fla. Stat. 1941.

All other questions have been duly considered and finding them without merit the judgment is affirmed.

BUFORD, C. J., TERRELL and CHAPMAN, JJ., concur.

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16 So. 2d 158, 153 Fla. 887, 1944 Fla. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/likens-v-state-fla-1944.

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