Reynolds v. State

Citations

• 33 Fla. 301

Syllabus

<p>1. On a trial for a homicide committed on December 24th, 1891, the judge charged the jury that there were no degrees of manslaughter. This was error, as the provision of the Revised Statutes, §2884, defining and prescribing the punishment for manslaughter, has no application to offenses committed before the day such statutes took effect, viz: June 18th, 1892.</p> <p>2. The transcript of the bill of exceptions found to be so interlined and in such a condition that the court is unwilling to recognize it for the purpose of considering rulings of the trial judge as to testimony.</p> <p>8. Affidavits used at nisi prius on a motion for a new trial can not be considered by the appellate court unless they are incorporated into a bill of exceptions.</p> <p>4. The fact that one of twelve grand jurors who concurred in finding an indictment under the act of June 6th, 1891, was not a competent grand juror, is waived by not pleading such fact in abatement. It can not be taken advantage of by motion in arrest of judgment supported by affidavit.</p>