Boykin v. State

Citations

• 80 Fla. 200
• 85 So. 651

Syllabus

<p>1. Where there is some substantial competent evidence of all the facts legally essential to support the verdict and there is nothing in the record to indicate that the jury was not governed by the evidence a refusal of the trial court to grant a new trial on the ground of the insufficiency of the evidence to support the verdict will not be disturbed by an appellate court.</p> <p>2. A verdict of guilty of assault with intent to. commit murder in the second degree upon a charge of assault with intent to commit murder in the first degree will be sustained if the evidence shows an assault with intent to commit murder in the first degree or in the second degree as defined in the statute, sinec the latter offense is regarded as being included in the former.</p>