STATE OF FLORIDA, EX REL., CARY D. LANDIS, AS ATTORNEY GENERAL AND EX REL., W. C. JACKSON INDIVIDUALLY, AND AS A COUNTY COMMISSIONER OF VOLUSIA COUNTY, FLORIDA, AND T. K. APGAR INDIVIDUALLY, AND AS A COUNTY COMMISSIONER OF VOLUSIA COUNTY, FLORIDA, RELATORS,
v.
SAM'L D. JORDAN, AS CLERK OF THE CIRCUIT COURT IN AND FOR VOLUSIA COUNTY, FLORIDA, J. E. PEACOCK AS COUNTY JUDGE OF VOLUSIA COUNTY, FLORIDA, AND S. E. STONE AS SHERIFF OF VOLUSIA COUNTY, FLORIDA, RESPONDENTS
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The Florida Supreme Court enforced its prior mandamus order requiring that a jury box contain the names selected and verified by the Volusia County Commissioners on January 5, 1931, and issued a peremptory writ to restore those names after the box was illegally broken into and some names removed.
The Circuit Judge lacked authority to order a new jury list, and the court issued a peremptory writ of mandamus requiring the names selected and verified by the County Commissioners on January 5, 1931, to be placed in the jury box and secured as the legal jury list.
“This court having required the names selected and verified by the County Commissioners on January 5, 1931, to be placed in the jury box and secured as the jury list under the law, it is within the authority and province of this court to preserve the integrity of such jury box at least until the trial court had used the box in providing jurors for the court”
Establishes the Supreme Court's authority to preserve the integrity of a jury box that it has previously ordered to be constituted, despite subsequent Circuit Court orders.
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Join FLexlaw to unlock all legal intelligenceThe County Commissioners of Volusia County prepared and verified a jury list on January 5, 1931. Pursuant to a prior mandamus order from this court, t…
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— In mandamus proceedings in this court the proper officials of Yolusia County were required to put in a jury box the list of names that on January 5, 1931, had been prepared and verified by the County Commissioners under the law, notwithstanding another list of names subsequently and illegally prepared by the County Commissioners 'after a change in the personnel of the commissioners. See opinion filed May 26, 1931.
Subsequently a petition was presented to this court by the Attorney General of the State, alleging in effect that the jury box prepared pursuant to the above mentioned proceedings in this court, had been broken into and a portion of the names illegally removed therefrom before any names had been drawn from that jury box for jury service. An alternative writ of mandamus was issued in effect commanding the Clerk of the Circuit Court, the County Judge and the sheriff to remove from the jury box the names left therein when the box was violated and some of the names illegally removed from the jury box, and to place in the jury box the names that were duly selected and verified by the county commissioners on January 5, 1931.
By 'demurrer and answer the respondents present as defenses a compliance with the former order of this court to place in the jury box the names prepared and verified on January 5, 1931, by the County Commissioners and also orders of the Circuit Judge of Yolusia County finding the jury box had been violated and requiring the County Commissioners to prepare a new jury list to be placed in the jury box.
This court having required the names selected and verified by the County Commissioners on January 5, 1931, to be placed in the jury box and secured as the jury 'list under the law, it is within the authority and province of this court to preserve the integrity of such jury box at least until the trial court had used the box in providing jurors for the court, and as the names there were duly *339selected and verified by the County Commissioners on January 5, 1931, are of record, and as such names constitute the legal jury list, and as no names had been drawn from the box for jury duty, the Circuit Judge had no authority to order a new list to be made and placed in the jury box.
A peremptory writ of mandamus will issue commanding the names that were duly selected and verified by the County Commissioners on January 5, 1931, to be placed in the jury box and the same secured as contemplated by .the law.
It is so ordered.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.