Davis v. State

Citations

• 25 Fla. 272

Syllabus

<p>The defendant was indie led for assaulting one Randall Parnell with a gun, a deadly weapon, from a premeditated design to effect the death of Farnell. The evidence shows that defendant presented his gun at Farnell in carrying distance, hut does not show that the defendant fired the gun, or that he attempted to fire it, nor does the evidence show that the gun was loaded: Held, That this evidence does not show an assault with intent to murder.</p>