Williams v. State

Citations

• 42 Fla. 205

Syllabus

<p>1. Where the record proper shows that an information was filed in open court, during a term, the clerical error of misnaming the particular term at which it was filed in the caption of the information, constitutes no ground for reversing a judgment of conviction thereon.</p> <p>2. An accomplice jointly indicted, and as to whom the indictment is pending, can testify on behalf of the State against his co-defendant who is being separately tried.</p> <p>3‘. Under Chapter 4400, laws, approved May 30, 1895, an accused person may at his option be sworn as a witness in his own- behalf, and the fact that a co-defendant on a joint trial objects to his becoming a witness, does not render the accused incompetent as a witness or affect the right to testify given him by the statute.</p> <p>4. It is sufficient to support a conviction that the evidence sustains the substance of the charge, and where an information under Section 2398, Revised Statutes, alleges that the property obtained by the robbery consists of several distinct articles, a variance in the proof as to one of such articles is immaterial where the evidence as to the other articles corresponds with the allegation.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>