Michael v. State

Citations

• 40 Fla. 265

Syllabus

<p>3. In an indictment for murder it is essentially necessary to set forth particularly the manner of the death, and the means by which it was effected, but in stating the facts which constitute the offense no technical terms are required, and an averment of the manner and means by which the deceased came to his weath in concise and ordinary language and in such a way as to enable a person of common understanding to know what was intended, is sufficient-</p> <p>2. Under section ¡2893 Revised Statutes, it is immaterial that an indictment for murder concludes against the form of the '“statutes” where it should properly conclude against the form of the “statute.”'</p> <p>3. Where counsel make improper and prejudicial remarks or arguments during the trial of a case, the opposite party should present,his objections thereto and secure a ruling from the presiding judge thereon, and, if the ruling is adverse, except to it, in order to secure a review of such ruling by this court-This court can not consider an exception to a remark of counsel, but only an exception to some ruling of the trial court with reference thereto.</p>