Davis v. State

Citations

• 35 Fla. 614

Syllabus

<p>CRIMINAL LAW— ASSAULT WITH INTENT TO COMMIT .FELONY — INDICTMENT — VERDICT.</p> <p>1. Indictments charging assaults with intent to commit felonies, under the provisions of section 2403, Revised Statutes, should allege specifically what felony was intended to be committed in making the assault. Where such an indictment charges the felony intended to be committed to have been murder, it is-unnecessary to allege the degree of murder so intended to be committed; neither is it necessary in such cases, upon a conviction, that the verdict should specify the degree of murder-that it finds the defendant guilty of having intended to commit..</p> <p>2. Where there is po bill of exceptions bringing to this court the evidence in the cause and other happenings in pais■ at the trials we can not consider assignments of error predicated upon said? matters in pais, or upon instructions given or refused, whem there is no material proposition in any instruction urged as-error that can be said to be erroneous in the abstract, regardless of the facts and circumstances that may have been adduced* in proof.</p>