Murphy v. State

Citations

• 31 Fla. 166

Syllabus

<p>1. A verdict, on an indictment for murder, which, merely finds- . “the defendants guilty as charged in the indictment,” and reconunends them to the mercy of the court, is fatally insufficient, under Section 2383, Revised Statutes.</p> <p>2. Section 2383, Revised Statutes, requiring that a verdict of conviction under an indictment for murder, shall state the degree of unlawful homicide of which the accused is found guilty, applies to a trial had after the Revised Statutes took effect, though' the offense charged may have 'been committed before these statutes became-operative. Section 32 of Article III of the Constitution, does not prohibit such regulation of procedure.</p> <p>3. Proof of an alibi is sufficient to acquit if it, considered in connection with all the testimony, raises a reasonable doubt of the-presence of the accused at the commission of the crime. It is. not necessaiy that it should satisfy the jury that the crime could not have been committed by the person offering proof of an alibi.</p>