Pyke v. State

Citations

• 47 Fla. 93

Syllabus

<p>1. One who assaults another with intent (but not premeditated design) to kill him, where the assault is accompanied by an act which if death had resulted therefrom would have constituted murder in the second degree under the statute defining that degree of unlawful homicide, is guilty of an assault with intent to commit the felony of murder in the second degree and not merely of an aggravated assault.</p> <p>2. An indictment or information charging in sufficient language an assault with intent to commit the felony of murder in the first degree charges likewise an. assault with intent to commit the felony of murder in the second degree and is sufficient to support a conviction for the latter degree of the offense.</p> <p>3. An indictment or information for assault with intent to commit the felony of murder in the first degree need not allege in terms that the intent was to commit a felony, it being sufficient to allege that the assault was committed in pursuance of and from a premeditated design and intent unlawfully to kill and murder the party assaulted.</p> <p>4. An indictment or information for assault with intent to commit the felony of murder in the first degree with a pistol, need not allege that the accused had and held the pistol in his hand, the allegation thht he had and held the pistol being sufficient.</p> <p>5. An indictment or information for assault with intent to commit the felony of murder in the first degree with a pistol, need not allege that the pistol was loaded, nor that defendant fired it, nor that the party assaulted was struck with the pistol or by a shot therefrom, nor that the pistol was a deadly weapon, nor that the assault was committed with intent to murder with a deadly weapon, nor that the pistol was used in such a manner as to constitute it a deadly weapon.</p> <p>6. Section 2403, Rev. Stats., 1892, punishing assaults with intent to commit felonies does not require that the assault shall be made with a deadly weapon, nor that it s