Tillman v. State

Citations

• 81 Fla. 558
• 88 So. 377

Syllabus

<p>1. Where a homicide is committed with a design to effect death by an unlawful act, it is not murder in the third degree, because to constitute that offense the killing must be perpetrated without any design to effect death.</p> <p>2. There is no such offence as an assault with intent to commit murder in the third degree, because the presence of an intent precludes the commission of that offence.</p> <p>3. ' An officer without a search warrant, or warrant of arrest, has no right to stop anyone on the public highway, particularly in the night time, and demand that he surrender what he has in his possession, or take it fr.om him without his consent.</p> <p>4. The oath of an officer to support, protect and defend the Constitution precludes his seizing property in violation of any provision of the Constitution that ‘“The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches, shall not be violated, and no warrants issued but upon- probable cause, supported by oath, or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.”</p>