Barrentine v. State

Citations

• 72 Fla. 1
• 72 So. 280

Syllabus

<p>1. Where an indictment contains two counts, the legal effect of a verdict finding the defendants guilty as charged in the first count is to acquit them of the offense charged in the second count.</p> <p>2. In an indictment for murder it is essentially necessary to set forth particularly the manner of the death and means by which it was effected, but in stating the facts which constitute the offense no technical terms are required, and an averment of the manner and means by which the deceased came to his death in concise and ordinary language, and in such a way as to enable a person of common understanding to know what was intended, is sufficient.</p> <p>3. It is the declared policy of the Legislature, as well as of this court, to uphold indictments and informations whenever there has been a substantial compliance therein with the statutory requirements.</p> <p>4. Where the general charge given by the court seems to have covered the law applicable to the case fully and correctly, no assignments of error, being predicated upon any portion thereof, and also nine separate instructions were given at the instance of the defendants, it is not error to refuse other requested instructions, where the matters of law set forth therein have airead}' been more fully and more clearly and correctly covered by the general charge.</p> <p>5. The refusal of the trial court to grant a new trial for insufficiency of the evidence to sustain the verdict, or because the verdict is contrary to the evidence, will not be reversed, unless, after allowing all reasonable presumptions of its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince the appellate court that it is wrong and unjust.</p>