Caldwell v. State

Citations

• 43 Fla. 545

Syllabus

<p>1. A motion in arrest of judgment on the ground of the insufficiency of the indictment must be exhibited to the appellate court by the record proper, and not by bill of exceptions.</p> <p>2. The courts take judicial knowledge,, as it is a matter of common knowledge, (hat wine is intoxicating.</p> <p>8. The act of 1S99, Chapter 4746, prohibiting the sale of spirituous, vinous or malt liquors in localities where the local option provision of the constitution has been put in operation, contemplates that such liquors shall be intoxicating, and where an indictment charges an unlawful sale of wine the court may instruct ilie jury as matter of law that wine is intoxicating. and as a consequence no harm can come to the accused by permitting a'witness to state that .the wine sold was intoxicating.</p> <p>4. Under an indictment charging an unlawful sale of wine under Chapter 4746, acts of 3899, it is competent to prove the sale by showing that a pretended sale of a different article was a subterfuge and sham for the sale of the wine.</p> <p>5. When a demurrant to evidence makes no offer to reduce the evidence to a -statement on the record of the facts proven or tended Lo be proven, the court may disregard the demurrer entirely, but if the Court overrules such a demurrer and the only evidence exhibited to the appellate court is that found in a regular bill of exceptions and it is sufficient to sustain the verdict rendered in the case, the demurrant has no ground of complaint.</p>