[DOWNLOAD] "W. F. Morris" by Supreme Court of Florida ~ eBook PDF Kindle ePub Free

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eBook details

• Title: W. F. Morris
• Author : Supreme Court of Florida
• Release Date : January 10, 1929
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

Per Curiam. -- Writ of error was taken to a judgment of conviction rendered upon a verdict of ""guilty of assault with intent to commit manslaughter."" The evidence is legally sufficient to sustain the verdict. The sentence is two years' imprisonment in the State penitentiary. See Sections 7141, 7165, Comp. Gen. Laws 1927. The information charges an assault ""with a premediated design and intent * * * unlawfully to kill and murder."" and the evidence relates to an assault with intent to commit a homicide and not to an intent to commit any other felony, therefore the charges properly were upon the law as to assault with intent to commit murder or manslaughter, and not with intent to commit any other felony. Aggravated assault was not charged and the evidence showed a wounding as well as facts essential to the verdict found, therefore it was not reversible error to fail to charge on aggravated assault. Where the verdict is for a lesser offense it is not necessary to consider alleged errors in charges relating to a higher offense when the charges complained of could not have contributed to the conviction. Thomas v. State, 47 Fla. 99, 36 So. R. 161. Likewise where the charge complained of related to a lesser offense than that found in the verdict. Marlow v. State, 49 Fla. 7, 38 So. R. 653.

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