Riggins v. State

Citations

• 78 Fla. 459
• 83 So. 267

Syllabus

<p>1. As an indictment for murder in the first degree, in legal contemplation, includes a charge of the lesser-degree of unlawful homicide, it is hot necessary or proper that the indictment should expressly charge murder in any degree helow that alleged. The statutory definitions of murder do, not make malice an element of the offense. It is not essential that an indictment for' murder shiall ‘ charge a felonious homicide. .</p> <p>2 At common law indictments for felonies should allege the acts constituting the crime to have been feloniously done, but in consequence of the constitutional and statutory, provisions Of this State, the failure to allege that the criminal acts charged were feloniously done, does not affect the validity or sufficiency of the indictment when not required by the statute defining the 'offense.</p> <p>3. A judgment of conviction .will not be reversed on writ of error even if technicral errors were committed in rulings on the admissibility of evidence or in charges given or refused or in other matters iff procedure, where the evidence of guilt is - clear -and ample and no fundamental rights of the defendants were violated, and it appears from the whole record that such technical errors, if any, were not prejudicial to the defendants.</p>