Baker v. State

Citations

• 54 Fla. 12

Syllabus

<p>1. Where a verdict of murder in the first degree is assailed in the appellate court on the ground of the insufficiency of the evidence, facts and circumstances from which the jury could have found all the essential elements of the crime alleged must appear from the evidence contained in the bill of exceptions and incorporated in the duly certified- transcript of the record or a new trial will be granted.</p> <p>.2. In a prosecution for murder in the first degree charged to have been committed from a premeditated design to effect death, and there are no facts and circumstances in evidence from which the formation of the alleged premeditated design may be found, a verdict of murder in the first degree should be set aside and a new trial granted upon proper proceedings duly taken.</p>