Knight v. State

Citations

• 44 Fla. 94

Syllabus

<p>1. Where (the ruling upon demurrer to a plea in abatement was held to be free from error 'upon writ of error taken to the appellate court, such ruling is not'open for re-consideration upon a subsequent writ of error in the same case sued out in behalf of the same party, though upon the former writ of error the judgment was reversed for other errors found.</p> <p>2. It is discretionary with the trial court, whether it will permit the plea of not guilty in a criminal case to be withdrawn in order to allow a plea ' in abatement to befijed.</p> <p>3. Neither a battery nor a wounding is an essential element of the offences denounced by section 2403 Revised Statutes.</p> <p>4. An indictment alleging that one W. J. K. in a named county and upon a named date “in and upon one B. B. with a deadly weapbn, to-wit a certain pistol which was then and there loaded with gunpower and leaden bullets, and by him the said W. X K. then and there had and held in his hand, unlawfully, feloniously, of his malice aforethought and from a premeditated design to effect the death of the said B. B. did make an assault, and the said W. J. K. did then and there unlawfully, feloniously, of his malice aforethought and from premeditated design to effect the death of the said B. B. shoot off and discharge the said pistol so loaded with gunpowder and leaden bullets aforesaid at upon the said B. B. with intent then and there unlawfully, feloniously, of his malice aforethought and from a premeditated design to effect the death of the said B. B. to kill and murder the said B. B., contrary to the form of the statute,” &c., sufficiently charges the offense of assault with the intent to commit the felony of murder in the first degree.</p> <p>5. Parties to a cause have no absolute right to dictate the order in which their requested instructions shall ,be given; for example that they shall be given immediately before or immediately after the general charge of the court or the instructions given at the reque