Reyes v. State

Citations

• 49 Fla. 17

Syllabus

<p>1. In a criminal prosecution a plea “.that at the time of the finding of said indictment, the said defendant was and still is adjudged and decreed to be insane by a court of competent jurisdiction” is properly overruled on demurrer, as the statutes of this State which prescribe the mode of procedure in adjudging persons to be insame by their terms do not apply to persons charged with criminal offenses who plead insanity.</p> <p>2. The discretion of the trial court' in permitting leading questions will no.t be reviewed on writ of error.</p> <p>3. Where there is no objection: to testimony and no motion to strike it, the appellate court will not consider errors assigned thereon.</p> <p>i■ The statute requires the jury iu finding a defendant guilty under an indictment for murder to ascertain by their verdict the degree of unlawful homicide of which he is guilty.</p> <p>'5. In. a trial for murder the jury brought into court a verdict in form: “We the jury find the defendant guilty of murder as charged'in the information, so say we all. C. R. P., Foreman.” Whereupon the court enquired of the jury if they intended • by their verdict to find the defendant guilty of murder in the first degree, or of a lower degree, and the jurors stating that they intended, to convict him of murder in the first degree, the court instructed the clerk to prepare a form of verdict for the jury. Whereupon the clerk prepared the following verdict, viz:. “We, the jury, find the defendant, S. R., guilty of murder in the first degree as charged in the indictment, so say we all,” which verdict being submitted to the jury in open court, in the presence of the defendant and his counsel, was signed by C. R. P. as foreman of the jury and handed to the clerk; whereupon .the court, ordered the clerk to poll the jury, which was done, and each juror answering ■that the verdict was his verdict, the same was then and there recorded, viz: “We, the jury, find the defendant S. R., guilty of murder in the first