Lindsey v. State

Citations

• 67 Fla. 111

Syllabus

<p>1. In order to merit consideration by this court assignments of error must be argued, unless the error complained of is so glaring or patent that no argument is needed to demonstrate it.</p> <p>2. 'Where one of the assignments of error is based upon the overruling of the motion for a new trial, an appellate court will consider only such grounds of the motion as are argued.</p> <p>3. The crime of aggravated assault may be committed without either a battery or a wounding. The gist of such crime consists in the character of the weapon with which the assault is made. A large stick may constitute a /deadly weapon, such as is contemplated in Section 3228 of the General Statutes of Florida, defining the crime of aggravated assault and providing the punishment therefor.</p> <p>4. The trial judge has the power to recall the jury from the jury room and give them additional instructions.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>