Peterson v. State

Citations

• 41 Fla. 285

Syllabus

<p>1. Where an indictment charges an assault with a named weapon, without designating the manner of its use, it. is the proper function of evidence to supply the particulars by pointing out the specific manner in which the weapon was used to accomplish the alleged assault.</p> <p>2. Where an indictment charges that an assault was committed with a pistol, but does not state the manner in which it was used, nor that it was loaded, nor that defendant discharged or attempted' to discharge it, evidence tending to show that the pistol was loaded and that the assault- was committed by discharging it at the person assaulted, is properly admissible.</p> <p>3. Evidence examined and found sufficient to support the verdict.</p>