Daniels v. State

Citations

• 52 Fla. 18

Syllabus

<p>1. In cases of murder the homicidal act or efficient cause of death, that is the infliction of the mortal wound, must be charged to have been perpetrated from a premeditated design to effect death; and the indictment will be fatally defective, if it fails to so charge.</p> <p>2. Where an indictment charges that C. D. “did unlawfully ancl from a premeditated design to effect the death of one C. G., make an assault on the said C. G.; and a certain pistol which then and there was loaded with leaden bullets and by him the said C. D. had and held in his hand, he, the said C. D., did then and there unlawfully and from a premeditated design to effect the death of the said O. G., shoot off and discharge at and upon ihe said O. G. thereby and by thus striking the said C. G. with the said leaden bullets, inflicting on and in the body of the said C. G. one mortal wound, etc., the homicidal act or efficient cause of death is charged to have been perpetrated from a premeditated design to effect death, although the words “from a premeditated design to effect death” are not repeated when the infliction of the mortal wound is charged, since these words, previously alleged, are connected with the mortal stroke by the words “thereby and by thus.” The case of Simmons v. State, 32, Fla. 387, 13 South Rep. 896, considered and disapproved:</p>