42 Fla. 612 | Fla. | 1900
Plaintiff in error was indicted in May, 1891, for assault with a deadly weapon with intent from a premed
The verdict of the jury as shown by the proper record entry reads as follows: “We the jury find the defendnt guitly as charged. J. S. Melvin, foreman.” A motion in arrest of judgment was overruled, and the ground of error assigned thereon is that the verdict is vague, indefinite, uncertain and insufficient to support the sentence of the court. The argument is that the words “defendnt” and “guitly” found in the verdict rendered it vague, indefinite and uncertain.
Verdicts in criminal cases should be certain and import a definite meaning, free from ambiguity. Bryant v. State, 34 Fla. 291, 16 South. Rep. 177. “Any words which convey, beyond reasonable doubt, the meaning and intention of the jury are sufficient, and all fair intendments will be made to support the verdict.” Kellum v. State, 64 Miss. 226, 1 South. Rep. 174. If the intention is clearly manifested, bad spelling or faulty grammar will not vitiate the verdict. State v. McNamara, 100 Mo. 100, 13 S. W. Rep. 938; State v. Wilson, 40 La. Ann. 751, 5 South. Rep. 52; Snyder v. United States, 112 U. S. 216, 5 Sup. Ct. Rep. 118. We are of the opinion that the verdict rendered in this case originating under statute prior to the adoption of the Revised Statutes is sufficient to authorize the sentence of the court.
The second error assigned is that the court erred in not granting a new trial on the ground of newly discovered evidence. Holden, the party on whom the as
The only remaining assignment of error presented is that the evidence does not sustain the verdict. The testimony of Holden in behalf of the State was positive that the defendant did the shooting and he is corroborated by another witness, who swore that he saw defendant outside of the church and near the door immediately before the shooting. This testimony, if true, amply justified the jury in returning, a verdict against the defendant. It is true that there was proof of an alibi by members of defendant’s family and some contradiction of what Holden-stated immediately after being shot, but all this was for the jury to settle in passing upon the credibility of witnesses. We are not authorized under the settled rulei to interfere on this ground.
The judgment must be affirmed, and it is so ordered.