Brinkley v. State

Citations

• 44 Fla. 416

Syllabus

<p>¡CRIMINAL LAW—ASSAULT WITH INTENT TO MURDER— INDICTMENT.</p> <p>( -An information charging as follows: “That one Sim Brinkley, of the county of Duval, and State of Florida, on the 27th day of March, in the year of our Lord one thousand nine hundred and two, in the county and State aforesaid, of his malice aforethought and with a premeditated design and .indent then' and there unlawfully to kill and murder one Isaiah Markham, in and upon- him, the said Isaiah Mark:ham, with certain deadly weapons, to-wit: a gun and a pistol, which he, the said Sim Brinkley, then and there held in his hands, unlawfully an assault did make, and him, - the said Isaiah Markham, did then and there beat, bruise, , wound and illtreat; wherefore, by virtue of the statute in such cases made and provided, the said Sim Brinkley is deemed to have- committed the crime of assault with intent • to murder, contrary to the form of the statute,” &c.: Held, ■ to sufficiently charge the crime of assault with intent to ■ murder.</p>