Poyner v. State

Citations

• 81 Fla. 726
• 88 So. 762

Syllabus

<p>1. An order overruling a motion to quash a count of an indictment containing more than one count is not harmful, although such count may he defective, where, after a general verdict of guilty as charged, judgment was arrested as to such count and sentence may he legally imposed upon a good count contained in the indictment.</p> <p>2. A judgment of conviction will not he reversed even if technical errors were committed in rulings on the admissibility of evidence or in charges given or refused where the evidence of guilt is ample and no fundamental rights of the defendant are infringed.</p> <p>3. The indictment returned against plaintiff in error contained three counts, the first and third of which charged robbery and the second charged larceny. Upon a trial a general verdict of guilty as charged was .returned. The court arrested judgment as to the first count, declined to impose sentence under the third count and imposed sentence upon the count charging larceny. Held: that the evidence does not prove the charge of larceny, but does make out a case of robbery as charged in the third count and that sentence may be imposed under this count charging robbery.</p> <p>4. Where error is confined to the sentence imposed the judgment may be reversed and the cause remanded with directions to enter a proper judgment.</p>