Rivers v. State

Citations

• 75 Fla. 401
• 78 So. 343

Syllabus

<p>1. An indictment charging murder in the first degree includes the lower degrees of murder as well as manslaughter and the accused may be Convicted under such indictment of either degree of murder or of manslaughter of which the evidence may show him to be guilty.</p> <p>2. If the defendant be convicted of an offense lesser in degree but included within the higher offense charged .in the indictment, such verdict shall not be set aside by the court upon the ground that such verdict is contrary to the evidence if the evidence produced in such case would have supported a verdict of guilty of the greater'offense.</p> <p>3. A necessity brought about by a person who acts under its compulsion can nbt be relied upon to justify his conduct. The aggressor in a personal difficulty, and not reasonably free from fault, can not acquit himself of liability for its consequences on the ground of self defense, unless after having begun the difficulty, he in good faith declines the combat and his adversary has become the aggressor.</p> <p>4. A sudden transport of passion caused by adequate provocation if it suspends the exercise of judgment, and dominates volition so as to exclude premeditation and a previously formed design may not excuse or justify a homicide, but may be sufficient to reduce a homicide below murder in the first degree, although the passion does not entirely dethrone the actor’s reason.</p> <p>5. An adequate provocation to cause a sudden transport Of passion that may suspend the exercise of judgment and dominate volition so as to exclude premeditation and a previously formed design, is one that is calculated to excite such anger as might obscure the reason or dominate the volition of an ordinary reasonable man.</p> <p>6. Evidence examined and held sufficient to support a verdict of murder in the second- degree.</p>