McNish v. State

Citations

• 47 Fla. 66

Syllabus

<p>1. A plea of former jeopardy setting up that the defendant had previously been indicted and put on trial for an assault with intent to murder one Pendee Taylor, is no defense to a subsequent indictment charging the defendant with an assault with intent to murder one Phillip McNish, although the plea avers in general terms that the alleged assaults and offenses were the same.</p> <p>2. Where there is a conflict in the evidence, but there is ample testimony to sustain the verdict, this court will not grant a new trial on the ground that the verdict was contrary to the evidence, or the weight of evidence, when the verdict is in accordance with the law of the case.</p> <p>3. After the dinner recess the jury were called and answered to their names, before the defendant was brought into court and during his absence. His absence being discovered no further proceedings were had until the defendant was brought into court, when the jury were again called. Held, that the calling of the jury in defendant’s absence furnishes no ground of reversal.</p>