27 Fla. 362 | Fla. | 1891
The plaintiff in error, together with Prince Robinson, John Johnson and Joe Clemens, were indicted at the Pall term, 1890, of the Circuit Court of Wakulla county, for an assault with intent to murder one J. 15. Hopkins. Robinson and Johnson not being in custody, and a nolle prosequi having been entered as to Clemens, the other defendants below, plaintiffs in error here, were tried in the Circuit Court for Wakulla county, on the 29th day of October, 1890, and convicted of the charge preferred against them.
Said defendants by their attorney moved the court below to grant them a new trial upon the following grounds: ‘‘The verdict is contrary to law; contrary
The evidence introduced on the trial of this case is embodied in a bill of exceptions constituting a part of the record here, and a careful examination of this evidencie satisfies us that the judgment of the Circuit Court cannot, be sustained. That the defendants committed the offence, with which they are charged, within two years from the finding of the indictment, and within the county of Wakulla, were material allegations and necessary fo be established by proof. It is
The proof of venue, as shown by the evidence in the bill of exceptions, is not satisfactory. It is not necessary to establish venue beyond a reasonable doubt. "If the evidence raises a, violent presumption that the offence was committed in the county, or if it may be reasonably inferred from the evidence, it is sufficient proof.” Where the evidence refers to localities and landmarks at or near the scene of the alleged offence, known by or probably familiar to the jury, and from which they may reasonably conclude that the offence was committed in .the county, it will be sufficient. Andrews vs. State, 21 Fla., 598, and authorities there cited. We are not satisfied that the facts disclosed in the record are sufficient to satisfy the rule above announced.
The judgment is reversed, and the prisoner directed to be held in custody to await a trial de novo.