Barber v. State

Citations

• 52 Fla. 5

Syllabus

<p>1. It is the policy of this court, as it evidently was of the Legislature in enacting Sections 2892 and 2893, of the Revised Statutes of 1892, to uphold indictments and information whenever there has been a substantial compliance with law therein. v</p> <p>2. Defects in indictments and informations should be called to the attention of the trial court by a motion to quash or a demurrer, so that the defect, if any, may be corrected by the filing of another indictment or information. Neither the common law nor our statutes favor the policy of the defendant in waiting until the last stage of the cause and attacking such defects by a motion in arrest of judgment, the granting of which would have the effect Of unravelling the whole proceedings.</p> <p>3. The gist of the offence under Section 2403, of the Revised Statutes of 1892, charging an assault with intent to murder consists in the intent with which the assault is made.</p> <p>4. An indictment charging that an assault was made by the accused “unlawfully, feloniously and from a premeditated design to effect the death of the” person assaulted, and .¿that the accused “did unlawfully, feloniously and from a premeditated design to effect the death of the” person assaulted, “discharge and shoot off at, against and upon the” said person assaulted, “thereby and by thus striking the” said person assaulted * * * “with intent him * * * unlawfully, feloniously and from a premeditated design to effect the death of the” said person assaulted, “to kill and murder,” sufficiently alleges that the assault was made with intent to commit a felony.</p>