Westcott v. State

Citations

• 31 Fla. 458

Syllabus

<p>1. Where the record shows that a grand jury was organized for a. term of the Circuit Court, and that during the term said grand jury presented against an accused an indictment properly signed and endorsed as required by statute, and marked filed in open court by the clerk, this is sufficient to show that said, indictment was properly returned into court.</p> <p>2. An objection that an indictment copied into the record, properly signed and endorsed was not presented by the grand jury in open court, should be made in the trial court where the record is made up; and it is too late to interpose such objection for-the first time in the appellate court.</p> <p>3. The premeditated design that is essential to make out a case of' murder in the first degree is a question of fact for the jury;, . and in the present case the testimony held sufficient to sustain a verdict of murder in the first degree.</p>