Boswell v. State

Citations

• 20 Fla. 869

Syllabus

<p>1. The conviction of a defendant of assault and battery, upon a plea of guilty, in a court held by a Justice of the Peace, constitutes no bar to a subsequent indictment and prosecution for an assault • with a deadly weapon with a premeditated design to effect death, or of an aggravated assault, based on the same act.</p> <p>2. A conviction or acquittal, in order to be a bar to another prosecution, must be for the same offence, or for an offence of a higher degree, and necessarily including the offence for which the accused stands indicted.</p> <p>3. A legal acquittal or conviction in any court of competent jurisdiction is sufficient in law to preclude any subsequent proceedings for the same offence in any other court.</p> <p>4. In cases of concurrent jurisdiction in different tribunals, the one first exercising- such jurisdiction acquires control to the exclusion of the other.</p> <p>5. When the charge of the court to the jury is not embodied in the record so that this court may examine it, it will be presumed to have been correct, and that the law was properly given to the jury.</p>