Bryan v. State

Citations

• 19 Fla. 864

Syllabus

<p>1. Bryan, and Bass were indicted as principals in a murder. Counsel for Bryan asked tlie court to charge the jury, that if Bass inflicted the mortal wound Bryan should be acquitted : Held, That under the circumstances of the case such refusal so to charge was not error.</p> <p>2. It is always necessary to prove the venue as laid in the indictment, but if the evidence raises a violent presumption that the offence for which the prisoner is indicted was committed in the county alleged, it is sufficient.</p> <p>3. On the trial of an indictment, for murder, charging the killing to have been effected by shooting in the left breast, the evidence showing that there were three bullet wounds, one in the left breast, one in the back, the other in the head, each one necessarily mortal, all given by the accused at the same time, and under the same circumstances, but showing that death ensued instantaneously from the wound in the head : Meld, Not such a variance as would amount to error.</p> <p>4. The proof must show that the killing was effected by the accused in the manner charged in the indictment, but where there is no possibility of his having been misled, or in any way embarrassed in his defence by the variance, it will be disregarded.</p>