Dean v. State

Citations

• 78 Fla. 545
• 83 So. 504

Syllabus

<p>1. An indictment charging an assault with intent to commit the felony of murder in the highest degree, charges likewise an assault with intent to commit every grade or degree of unlawful homicide that can be committed in pursuance of a homicidal intent, and is sufficient to sustain a conviction for assault with intent to commit the felony of manslaughter.</p> <p>2. Premeditated design is not an essential element of the crime of assault with intent to commit murder in the second degree, and, therefore, it is not necessary to prove the existence of this element in order that the evidence support a conviction for this offense.</p> <p>3. Evidence of declarations or acts of a defendant, prior to the commission of a crime by him, in his own favor or interest, falling within the class designated as “self-serving declarations and acts” ,and forming no part of the res gestae, is not admissible.</p>