Cooper v. State

Citations

• 47 Fla. 21

Syllabus

<p>1. Motions for new trials must be evidenced to the appellate court by a bill of exceptions, and will not be considered unless so evidenced though copied by the clerk in the transcript sent up in obedience to the writ of error.</p> <p>2. The following language in an indictment for murder, “and that the said Isaiah E. Cooper, with ’the leaden bullets aforesaid, so as aforesaid shot, discharged and sent forth out of the gun aforesaid by force of the gunpowder and shot aforesaid, the said John H. Bowman, in and upon the head of him the said John H. Bowman, then and there feloniously, wilfully, of his malice aforethought and from a premeditated design to effect the death of him the said John H. Bowman, did strike, thrust, penetrate and wound, giving to the said John H. Bowman then and there, with the leaden bullets aforesaid, in and upon the head of him' the said John H. Bowman then and there, one mortal wound of the depth of six inches and of the: breadth of three inches, of which said mortal wound, the said John H. Bowman then and there, in the county aforesaid, instantly died,” does not charge that Bowman killed himself, but sufficiently charges that Cooper killed Bowman.</p> <p>3. The Circuit Courts have power upon notice to and in the presence of the defendant in a criminal prosecution to amend the minutes of the court nunc pro tunc so as to show that said defendant was duly arraigned and pleaded not guilty to the trial; and such amended record when properly before the appellate court upon writ of error will control in deciding the assignments of error.</p>