Warrace v. State

Citations

• 27 Fla. 362

Syllabus

<p>1. In aii indictment for an offence not punishable with death', it is material to allege that it was committed within two years from the finding of the indictment, and this allegation must be established by proof on tlie trial.</p> <p>2. Venue need not be established beyond a reasonable doubt. If tlie evidence raises a violent presumption that the offence was committed within the county, or if the evidence refers to localities and landmarks at or near the scene of the alleged offence, known or probably familiar to tlie jury, from which they may reasonably infer that the offence was committed in the county, it will he sufficient.</p> <p>3. In cases of felony where the record fails to show that the. accused was arraigned, or personally pleaded to the indictment, or was personally present in court during- the trial, it is fatally defective.</p>