Roberson v. State

Citations

• 42 Fla. 212

Syllabus

<p>1. When an application for a change of venue based upon the ground of prejudice against the accused in the county where the trial is had is supported only by the affidavit of the accused, the refusal of the,trial court to grant it will not be reversed in the absence of any showing that the decision was not based upon the insufficiency of the proof of the facts stated in the affidavit, and it does not appear that the accused was prevented from getting corroborative evidence by hostile public sentiment.</p> <p>2. An indicment alleging the infliction of a mortal wound upon the body of the deceased is sufficient without stating upon what particular part of the body the wound was inflicted.</p> <p>.3. An indictment that alleges the infliction of mortal, wounds in a'county of this State, and that the pary wounded died of such wounds within a year and a day of their infliction, but does not state in what county and State the death occurred, is sufficient under the laws of this State. (Mabry, J., dissenting).</p>