Golding v. State

Citations

• 31 Fla. 262

Syllabus

<p>1. The conviction of an accused of murder in the second degree upon an indictment charging him with murder in the first degree, has the effect in law to acquit him of the’ higher offense charged in the indictment, and he can not legally be put upon trial a second time for the higher offense. Following Johnson vs. State, 27 Fla., 245, 9 South. Rep., 208.</p> <p>2. A motion in arrest of judgment reaches only such defects as are apparent upon the record, but in a case where a judgment rendered has been reversed and a new trial granted, and a second trial is had upon the same indictment in the same court, the entire proceedings constitute one record, and a motion in arrest of judgment on the ground of a former acquittal of a higher offense charged in the indictment, will be good where such fact appears upon the record.</p>