Newborn v. State

Citations

• 73 Fla. 1064
• 75 So. 581

Syllabus

<p>1. To constitute the crime of assault, with intent to commit manslaughter with a deadly weapon there must concur with the use of a deadly weapon, to take the offence out of the category of an aggravated assault, which is a misdemeanor, the further element of an intent to commit manslaughter upon the person of the assaulted party.</p> <p>2. Where the evidence is insufficient to sustain the verdict a new trial should be granted.</p>