Brown v. State

Citations

• 82 Fla. 306
• 89 So. 873

Syllabus

<p>1. An indictment which charges one person with an assault upon another with intent to commit a felony and a third person as being present at the time of the commission of the felony, aiding and abetting in its commission, charges such third person also with the offense of assault with intent to commit a felony. The distinction being that such third per- ■ son is charged as principal in the second degree while the principal offender is charged as principal in the first degree.</p> <p>2. It is not essential that a verdict of assault with intent to commit murder shall state the degree of murder.</p> <p>3. A person charged as principal in the second degree to an assault with intent to commit a felony may be convicted as principal in the first degree.</p> <p>4. A charge to the jury which is not so unclear in its language as to mislead the jury to the detriment of the defendant does not constitute reversible error.</p> <p>5. A person charged with a criminal offense and correctly named in the indictment, who is called to the bar by another name being a mere contraction of his Christian name and responds to such call and pleads to the indictment and goes to trial upon the merits waives whatever defense he may have interposed by plea in abatement.</p>