Oliver v. State

Citations

• 38 Fla. 46

Syllabus

<p>,1. When the record proper shows by minute entry that the grand jury came into open court and returned an indictment for murder against the accused, and there follows in the record an indictment for murder in proper form, signed by the State attorney, endorsed “a true bill,” and signed by the foreman of the grand jury, and marked filed in open court by the clerk, sufficient record evidence exists of the finding and presentment in open’.'court of a proper indictment against the accused.</p> <p>3. The presumption is in favor of the.regularity and correctness of the action of the Circuit Court as to matters in pais, and, in the absence of sufficient showing to the contrary, this presumption must prevail; and when the record recites in a capital case that upon the return day of a venire a jury of twelve men came, who were duly elected, tried and sworn, givingthe form of the oath prescribed by statute, the presumption is, in the absence of any showing to the contrary, that the jurors were properly selected, or drawn, and summoned into court.</p> <p>3. The testimony showed that the accused shot the deceased twice with a pistol, and instantly in rapid succession discharged two loads at a son of the deceased standing near him, and again shot the father a third time; it was competent for the son in testifying for the prosecution to state that the accused ‘ ‘shot my father twice and shot me twice.’’ It was all one and the same transaction, and admissible iinder the rale as being part of the res gestee.</p> <p>4. On a charge of murder it is not error for the trial judge to refuse to give to the jury, at the instance of the accused, a charge that before they can find him guilty, the evidence must exclude every other supposition but that the defendant was guilty of making a deadly assault upon the deceased with a premeditated design and malice aforethought to effect his death. Such a proposition would have entitled the accused to a full acquittal, if the evidence did not show