Brown v. State

Citations

• 18 Fla. 472

Syllabus

<p>1. An allegation in an indictment charging murder by the infliction of a wound upon the body with a dangerous weapon, of which wound death immediately ensued, the words “mortal wound ” not being used, is sufficient to warrant a verdict of manslaughter.</p> <p>2. Whether the words “mortal wound ” are necessary hi an indictment for murder by 'wounding to justify a verdict for murder in any of its degrees, the indictment alleging that the deceased died of the ' wounds, considered.</p> <p>3. It is not strictly correct to charge a jury that “ it is for you to say from all the evidence whether or not the prisoner killed the deceased, and whether, if he did, so, there was any fact or circumstance in the case to reduce the killing from murder to self-defence orto manslaughter,” because the jury are by law authorized to inquire further whether from the facts proved the killing was justifiable. or excusable, and the law excuses or justifies a homicide in-cases other than that of self-defence.</p> <p>4. In defining to a jury the several degrees of homicide and the facts which constitute each as defined by statute, the court should generally also give the exceptions mentioned in the statute, wherein the killing is declared to be justifiable or excusable.</p> <p>5. Where the testimony upon a charge of homicide is so strong and clear as to preclude the conclusion that the killing was excusable or justifiable, and that a verdict of guilty of manslaughter in the third degree is fully sustained by the evidence, the verdict should not be set aside upon the ground that the Judge did not instruct the jury fully upon the question of justifiable or excusable homicide.</p>