Knight v. State

Citations

• 42 Fla. 546

Syllabus

<p>1. A plea in abatement in a criminal case alleging that at the time the indictment was found and presented another indictment for the same charge was pending against the defendant, is bad on demurrer.</p> <p>2. Dilatory pleas in criminal cases are required to be accurate and precise, free from ambiguity, and certain to every intent.</p> <p>3. The omission of the record in a criminal case to show a joinder in a demurrer is immaterial and can not be objected to •after the decision of the demurrer.</p> <p>4. Upon indictments for assault with intent to commit any of the grades or degrees of unlawful homicide it will not be sufficient to show that the killing, had it occurred, would have been unlawful and a felony, but it must be found that the accused committed the assault with intent to take life, in order to sustain a conviction for an assault with intent to commit a felony.</p> <p>5. Where one assaults another with intent (but not a premeditated design) to kill him. and the assault is accompanied by an act which, if death had resulted therefrom, would have constituted murder in the second degree, under the statute defining this degree of homicide, the party committing the assault will be guilty of an assault with intent to commit the felony of murder in the second degree, but if there be no intent to kill, the party committing the assault can not be convicted for an assault with intent to commit a felony, even though the circumstances are such that had the party assaulted died the party committing the assault would have been guilty of murder in the second degree.</p>