Hearn v. State

Citations

• 43 Fla. 151

Syllabus

<p>Criminal Law — Accessory After the Eact — Appellate Practice — Motions to Quash Part of Record Proper — Section 2356 Revised Statutes Construed.</p> <p>1. Motions to quash indictments form part of the record proper ¿n a case, and have no place in a bill of exceptions for an appellate court, and when evidenced to such court only in and by 'a bill of exceptions cannot be considered.</p> <p>2. The gist of the offence denounced by section 2356 of the Revised Statutes where aid or assistance is given to a felon, lies in the intent with which such aid or assistance is given. To fall within the inhibition of such statute, such intent must be that the felon shall avoid or escape teither (1) detection, (2) arrest, (3) trial, or (4) punishment. In such cases the particular intent as laid in the indictment must be proved.</p>