Buie v. State

Citations

• 68 Fla. 320
• 67 So. 102

Syllabus

<p>1. One count of an indictment may by apt expressions -refer to a previous count for specifications of time and place when the data referred to are not repugnant to the count in which the reference is made and the reference cannot reasonably be harmful to the accused.</p> <p>2. In an indictment for murder an allegation that the accused did “unlawfully and from a premeditated design to effect the death of the said J., shot off and discharged at and upon the said J., thereby and by thus striking the said J. with lead,” etc., sufficiently alleges the efficient cause of the death to have been done unlawfully and from a premeditated design to effect death.</p> <p>3. The provision of Section 3178, General Statutes of 1906, that whoever aids in the commission of a felony, or is accessory • thereto, before the fact, by counseling, hiring or otherwise procuring such felony to be committed, shall be punished in the same manner prescribed for the punishment of the principal felon, in effect makes an accessory before the fact a principal.</p> <p>4. In view of Section 3178, General Statutes of 1906, a verdict finding both defendants guilty of murder in the second degree where one is charged as principal and the other as ac- • cessory before the fact of murder in the first degree, is not material or harmful error.</p> <p>5. Where the hill of exceptions shows the cause was submitted to the jury after the defendants had testified, and there is nothing to indicate the contrary, it will be assumed that the defendants were present when the ease was submitted to the jury.</p> <p>U. Evidence that a homicide was committed “about the last of February,” is sufficient when, taken with other testimony, it is apparent that the current year was meant.</p> <p>7. Where no reference is made to any particular witness, if the use of the word “should” instead of “may” or other permissive expression in a charge that “in considering the testimony you should consider the standpoint from which a witne