Hall v. State

Citations

• 31 Fla. 176

Syllabus

<p>1. Under Section S388, Revised Statutes, it is imperatively necessary that the jury, when they find the defendant guilty under an indictment for murder shall ascertain and declare by thetr verdict the degree of unlawful homicide of which they find him guilty. In such a case a verdict that simply says: “ We, the jury, find the defendant guilty,” or, “ guilty as charged in the indictment,” is a, nullity, and no judgment or sentence can legally be pronounced thereon.</p> <p>2. The following rule from 1 Oreenleaf on Evidence, Section 111, approvingly cited : “Every one who does enter into a common purpose or design is equally deemed in law a party to every act which may afterwards be done by any of the others, in furtherance of such common design. Sometimes, for the sake'of con venience, the acts or declarations of one are admitted in evidence before sufficient proof is given of the conspiracy, the prosecutor undertaking to furnish such proof in a subsequent state of the cause. But this rests in the discretion of the judge, and is not permitted except under particular and urgent, circumstances.”</p>