Lewis v. State

Citations

• 42 Fla. 253

Syllabus

<p>Criminal Law — Excepting and Assigning Errors Bn Masse — Indictment for murder in first degree includes charge of all lower Degrees — Presence of Prisoner at Rendition of Verdict.</p> <p>1. Where the giving or refusal to give two or more instructions, announcing separate and distinct propositions of law, are excepted to en masse in a single exception, or are assigned en masse in a single assignment of error, the appelate court will consider such an exception, or such an assignment of error, no further after discovering that one of the instructions so excepted to or assigned en masse was properly given or refused.</p> <p>2. It is well settled here that an indictment in terms charging murder in the first degree does include a sufficient charging of all the lower degrees of murder and manslaughter.</p> <p>3. While it is far better in every case of felony for the record minute entries to show affirmatively the personal presence of the denfendant at the rendition of the verdict, as well as at every other stage or step in the trial, yet, in case it does not so expressly appear, the judgment will not be disturbed by an appellate court, if it appears from the record by necessary and reasonable_implication that he was present at every stage or step of the trial.</p>