Disney v. State

Citations

• 72 Fla. 492
• 73 So. 598

Syllabus

<p>1. Where an indictment for murder in the second degree may be defective in charging that crime, but is sufficient to charge the crime of manslaughter of which the defendant is found guilty, the judgment will not be arrested because the indictment fails accurately to charge .the crime of murder.</p> <p>2 Motions in arrest of judgment based upon informal or imperfect allegations of essential facts in the indictment, should not prevail unless the indictment wholly fails to allege the crime or an essential element of the crime or is so vague and indefinite as to mislead the accused and embarrass him in the preparation of his defense, or expose him after acquittal or conviction to substantial danger of a new prosecution for the same offense.</p> <p>3. Informal or imperfect allegations of essential facts m an indictment should be taken advantage of by motion to quash.</p> <p>4. No reversible error is committed by the trial court in giving instructions which when considered together are free from error prejudicial to the defendant.</p> <p>5. Every portion of a charge bearing on a subject must be considered in determining whether the charge upon such subject is free from error.</p> <p>6. It is not error for the court to refuse certain requested instructions when the substance of such requested instructions had already been covered by charges given.</p> <p>7. Evidence examined and found sufficient to support the verdict.</p>