Jarman v. State

Citations

• 78 Fla. 145
• 82 So. 777

Syllabus

<p>Under the statute which provides that a verdict of guilty of an offence lesser in degree, hut included, within the offence charged, shall not be set aside on the ground that it is contrary to the evidence, if the evidence would' have supported a verdict of guilty of the greater offence, a verdict of guilty of assault with intent to commit murder in the second degree, upon the charge of assault with intent to , commit murder in the first degree, will he sustained if the evidence shows an assault with intent to commit murder in the first degree or in the second degree as defined by the statute, since the latter offence is regarded as being included in the former.</p>