Howard v. State

Citations

• 73 Fla. 694
• 74 So. 882

Syllabus

<p>1. There is no fatal variance between the allegation and the proof of the instrument with which a wound is inflicted, if the instrument used produces, or is capable of producing, the same kind of a wound as the instrument charged in the indictment.</p> <p>2. Under an information which charges an assault with intent to murder by shooting another with a deadly weapon, to-wit, a shot-gun loaded and charged with gunpowder and leaden balls, a conviction will be sustained on proof that the wound was inflicted with bird shot fired from a gun in the hands of the accused.</p> <p>3. A shotgun loaded with gunpowder and bird shot is a deadly weapon when an assault is made with it on a person within the range of the gun to kill or do great bodily harm to the person assaulted.</p>