Hogan v. State

Citations

• 42 Fla. 562

Syllabus

<p>1. A motion in arrest of judgment should be granted when the verdiet finds an accused person guilty of an offence not charged, or included in the charge made, in the indictment.</p> <p>2. The gist of the offence denounced by Section 2403, Revised Statutes, _ is the intent with which the assault is committed, and an information drawn under that section' must charge such intent with that certainty which is required as to other material allegations; it must not be left to uncertain inference, nor is a mere statement of such intent in the conclusion of the information by way of legal deduction or inference from facts previously alleged a sufficient allegation as to the intent.</p> <p>3. An information alleging that L. H., A. H. and W. H., in Duval county, Florida on December 20, 1899, “in and upon one J. M. W., with certainly deadly weapons, to-wit: pistols, which they, the said L. H., A. H. and W. H., then and there held in their hands, an assault did make, and him, the said J. M. W., did then and there, beat, bruise wound and ill-treat; they the said L. H., A. H. and W. H., then and.there having a premeditated design and intent, then and there unlawfully kill and murder him, the said J. M. W., whereby by force of the statute in such cases made and provided the said L. EL, A. H. and W. H., are deemed to have committed the crime of assault with intent to murder contrary,” etc., does not charge an offence under section 2403, Revised Statutes.</p>