Pittman v. State

Citations

• 25 Fla. 648

Syllabus

<p>1. A witness may, without being an expert, testify from liis knowledge as to the length, depth and directions of wounds.</p> <p>2. Any weapon is a deadly weapon which is likely to produce death, but a weapon capable of producing death is not necessarily a. weapon likely to produce death.</p> <p>3. The omission of the Clerk oí' the Circuit Court to put the usual file mark on an indictment which has been pleaded to, and of which, the record shows duo presentation by a grand jury in open court, is not a ground for arrest of judgment.</p> <p>4. The indictment charges that the defendant “in and upon one George-H. Hughes, with a certain deadly weapon, to-wit : an open knife,, which he, the said Edward F. Pittman, was then and there armed, feloneously, wilfully and of his malice aforethought, did make an assault, and the said George H. Hughes, in and upon the right side of the neck of him, the said George H. Hughes, then and there, wiih the knife, aforesaid, and by cutting, stabbing and wounding feloneously, wilfully and of his malice aforethought to kill and murder Held, That the averments of the indictment are sufficient to show that the assault was made by the defendant upon Hughes.</p> <p>5. A man indicted for assault with intent to murder may, under such. charge, be convicted of an aggravated assault.</p>