31 Fla. 458 | Fla. | 1893
The first error assigned is, that the record proper fails to show that the indictment was presented by the grand jury in open court. This objection is made for the first time in this court in the assignment of errors here, and counsel has cited ho authorities in support of it, nor has he referred to it in his brief. This .court has ruled that such objections should be made in the trial court where the record is made up, and where it can be made to speak the truth as to what did occur, and that it is too late to urge such objection for the first time in the appellate court. Gallaher vs. State, 17 Fla., 370; Bass vs. State, Ibid, 685.
The certified. copy of the indictment found in th e necord is endorsed in proper form: “The State of Florida vs. Charles Westcott. Indictment for murder.
The second assignment of error is, that the court-erred in overruling the motion for a new trial; and the-grounds of this motion are, that the verdict was contrary to law, and contrary to the evidence in the case. This assignment of error involves all the questions, presented for our consideration in this case. The verdict of the jury ascertained the degree of the offense— murder in the first degree—and was otherwise rendered in accordance with the forms of law. The testimony, in our judgment, sustains the verdict of the-jury, and the court did not err in overruling the motion for a new trial.
That the accused caused the death of the deceased by cutting her throat with a razor, is shown beyond.
The judgment must, therefore, be affirmed.