43 Fla. 556 | Fla. | 1901
Plaintiff in error was indicted at the fall term, 1900, of the Circuit Court of Baker county for the murder of one Alex Hickox. He was tried at the same term, found guilty of manslaughter with recommendation of mercy, and from the sentence imposed sued out this writ of error.
The defendant moved the court to grant a new trial, which motion was denied and an exception taken and the ruling is assigned as error. Under this assignment it is contended that the verdict is not supported by the evidence, and that a conviction for manslaughter can not be sustained under an indictment for murder in the first degree. We have carefully considered the evidence which has been properly presented to' us by bill of exceptions, and find that it is sufficient to support the evidence. It is so well settled in this State that an indictment properly framed for murder in the first degree charges likewise murder in every other degree, and manslaughter, that it can not be longer regarded as an open question. Under an indictment so framed a conviction for manslaughter may be had.
This disposes of all the questions presented by the assignments of error, and finding no reversible error, the judgment must be affirmed.