48 Fla. 64 | Fla. | 1904
The plaintiff in error, Jeff Whitehead, together with one Alice Peterson, was indicted, tried and convicted of the crime of lewd and lascivious cohabitation, in the Circuit Court of Holmes county, and from the sentence imposed the said Jeff Whitehead seeks relief here by writ of error. Several errors are assigned upon rulings on applications for postponement of the trial to procure the attendance of absent witnesses, but from the conclusion we have reached as to the merits of the case it becomes unnecessary. to pass upon such assignments of error.
The defendant moved for new trial upon the ground, among others, that the verdict was not warranted or supported by the evidence. This motion was denied, exception duly taken, and its denial is assigned as error.
The judgment of the Circuit Court is reversed and a new trial awarded at the cost of the county of Holmes.
Hocker and Cockrell, JJ., concur.
Carter, Shackleford and Whitfield, JJ., concur in the opinion.