Edwards v. State

Citations

• 54 Fla. 40

Syllabus

<p>1. In a judicial trial the verdict is a part of the record proper, and any defect alleged to be upon the face of the verdict should be determined in the trial court upon a motion in arrest of judgment.</p> <p>2. It is not essential that a verdict of assault with intent to commit murder shall state the degree of murder.</p> <p>3. All fair intendments consistent with the record should be ihdulged in favor of the verdict that is responsive to the issues made by the pleadings.</p> <p>4. A verdict of assault with intent to commit murder is sufficient upon a proper indictment to warrant a sentence for an. assault with intent to commit murder in the first or second degree, the penalty being the same in either degree. Intent to commit murder is not an element of murder in the third degree under our statute.</p>