30 Fla. 229 | Fla. | 1892
During the April term, A. D. 1892, of the Criminal Court of Record for Duval county, the following in
After verdict returned against him, the accused moved to arrest the judgment on the ground that the information alleges no crime known to the law's of Florida. This motion was overruled, and he then filed his motion for a new trial on the following grounds : “1st, the court erred in compelling defendant to accept one M. Hearn as a juror ; 2nd, the court erred in refusing to allow the defendant’s counsel to ask the witness, Willie Robinson, ‘if this defendant had had a pistol with him, would you have been likely to have
The information is based upon the second section of Chapter 3281 laws of Florida, which is as follows: “ That any person who shall wantonly or maliciously throw any missile calculated to produce death or great bodily harm, or shoot at or into any locomotive or car belonging to or being used by any railroad company, he shall upon conviction be punished by imprisonment in the State Penitentiary not less than two and not exceeding ten years.”
In Humphreys vs. State, 14 Fla., 381, itwas decided that in an indictment for an offense prescribed and defined by statute, it is necessary to allege therein all the facts and circumstances which constitute the offense, or the party indicted will not be brought within the provisions of the statute. Mr. Bishop, in 1 Criminal Procedure, section 519, says: “Every fact which is an element; in a prim,a fade, case of guilt must be stated ; otherwise there will be at least one thing which the accused person is entitled to know, whereof he is not informed. And that he may be certain what each thing is, each must be charged expressly, and nothing left to intendment. All that is to be proved must be alleged.” The information
It is, therefore ordered that the judgment be reversed and the case remanded with directions that the Criminal Court of Record for Duval county enter an order aires ting the judgment, and for such other proceedings as are conformable to law.