Roberson v. State

Citations

• 42 Fla. 223

Syllabus

<p>1. When an application for a change of venue, based upon the gorund 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 alleged in the affidavit, and it does not appear that the accused was prevented from getting corroborative evidence by hostile public sentiment.</p> <p>2. A motion in arrest of judgment on the ground of a defect in the indictment should be exhibited in the record proper, and not in the bill of exceptions.</p> <p>3. An indictment 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>4. The court instructed 'the jury that “sheriffs, deputy sheriffs and constables are not only authorized to arrest public offenders without warrant, but are required to do so, for all offences, committed in the presence of an officer.” Held, to be erroneous as not correctly stating the law on the subject.</p> <p>5. The court refused an instruction for the defendant to the effect that a sheriff and his deputies have no right to make an arrest of any person without lawful warrant, except the person has committed a felony or is engaged at the time in a riot or unlawful assembly, or is about to commit a felony: Held, that the refusal was correct because of the failure of the instruction to include the idea that the officer may arrest without warrant for any misdemeanor tending to a breach of the peace when committed in view of the officer making the arrest.</p> <p>6. When a general exception is taken to the refusal of the court to give several charges asserting separate distinct propositions of law, and any one of the charges is wrong, the exception will be disallowed.</p>