Stevens v. State

Citations

• 18 Fla. 903

Syllabus

<p>1. All indictments upon statutes must state the circumstances which constitute the definition of the offence in the act, so as to bring the defendant precisely within it, and a conclusion “contrary to the form of the statute,” &c., will not aid a defect in this respect.</p> <p>Where an indictment, found under a statute, omi1¡s a material allegation of that which, by such act, constitutes the gist of the offence, and which makes it punishable by imprisonment, it is bad, and the judgment thereupon will be arrested.</p>