Johnson v. State

Citations

• 24 Fla. 162

Syllabus

<p>1. The minutes of the Circuit Court should show by formal entry to that effect the fact of the presentment of an indictment by the grand jury in open court. Where, however, the fact of such actual presentment is not controverted, and the motion in arrest of judgment is upon the groan l of the absence of such entry, and there is in the transcript of the record evidence from which it may reasonably be presumed in the absence of a direct issue as to such presentment that such presentment was made the motion should be denied.</p> <p>2. Where upon such a motion it is a fact that the indictment was regularly presented, the record should be amended nunc pro tunc so as to speak the truth upon the subject.</p> <p>3. Murder in the second degree as defined by our statute dismissed, and the testimony in this ease held not to show a case coming within the offence as defined</p> <p>4 Whether or not a conviction of an offence of a minor grade has the effect to acqui the prisoner of the higher grade charged in the indictment and bar a conviction of the higher grade on a new trial, is a question upon which no opinion will be expressed until there shall be a case of such a conviction of the higher grade on a new trial, presented.</p> <p>5. The illicit relation between the defendant and tho wife of the deceased, held admissible as evidencing the former’s motive for killing the deceased.</p>