Mills v. State

Citations

• 58 Fla. 74

Syllabus

<p>1. An indictment charging the crime substantially in the language of the statute will be adjudged good, unless it becomes necessary to state the circumstances which constitute the definition of the offense charged in order to advise the prisoner of the nature of the charge against him.</p> <p>2. An indictment will not be quashed or judgment arrested on account of any defect in the form of the indictment, unless the court is of the opinion that the indictment is so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense, or expose him after conviction or acquittal to substantial danger of a new ■prosecution for the same offense.</p> <p>3. The requisite degree of certainty in an indictment must have reference to the matter to be charged and the manner or form of charging it.</p> <p>4. If the indictment be defective in the statement of matter to be charged, if it entirely omits averment of an element of the offense, or fails to state the circumstances which constitute the definition of the offense charged when necessary to advise the prisoner of the nature of the charge against him, such defect, or omission will be fatal to the indictment upon a motion in arrest of judgment.</p> <p>5. Where the indictment is not so vague, indefinite or indistinct as to mislead the accused and embarrass him in the preparation of his defense, objections founded upon defects going rather to the form than to the substance of the indictment must be made by motion to quash or the defendant should demand' before trial a bill of particulars of these matters omitted.</p> <p>6. In a prosecution for violation of Section 3356 of the General Statutes, where the indictment charges that the defendant sold or disposed of the described property to him belonging and in his possession, that the property was subject to a statutory lien at the time sf its sale by the defendant, and alleging sufficient to advise the defendant of the nature of the lie