Galloway v. State

Citations

• 47 Fla. 32

Syllabus

<p>1. A reasonable doubt in the minds of the jury as to the existence of an element of the higher degree of an offense calls for a verdict of the lower degree, provided there exists no reasonable doubt of the existence of every element necessary to constitute the latter offense.</p> <p>2. The State must prove beyond a reasonable doubt the degree of the crime, as well as the other fact of the crime itself, and the accused is not put to the necessity of “satisfying” the jury that the lower grade only has been committed.</p> <p>3. On a trial for assault with intent to commit murder, it is error to charge the jury that before they would be justified in reducing the crime to an aggravated assault, they should be satisfied from the evidence that the assault was made with homicidal intent.</p>