NEWBORN
v.
STATE
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To constitute assault with intent to commit manslaughter with a deadly weapon, there must be both use of a deadly weapon and a specific intent to commit manslaughter, and the evidence here was insufficient to establish that intent.
[1] Assault with intent to commit manslaughter with a deadly weapon requires both the use of a deadly weapon and a specific intent to commit manslaughter; the use of a deadly…
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Join FLexlaw to unlock all legal intelligence“To constitute the crime of assault with intent to commit manslaughter with a deadly weapon there must concur with the use of a deadly weapon, to take the offence out of the category of an aggravated assault, which is a misdemeanor, the further element of an intent to commit manslaughter upon the person of the assaulted party.”
Court's statement of the legal standard required for the offense
Eddie Newborn was indicted for assault with intent to commit murder and convicted of assault with a deadly weapon with intent to commit manslaughter. …
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Eddie Newborn, Plaintiff in Error, v. The State of Florida, Defendant in Error. Opinion Filed May 14, 1917. 1. To constitute the crime of assault, with intent to commit manslaughter with a deadly weapon there must concur with the use of a deadly weapon, to take the offence out of the category of an aggravated assault, which is a misdemeanor, the further element of an intent to commit manslaughter upon the person of the assaulted party. 2. Where the evidence is insufficient to sustain the verdict a new trial should be granted. Writ of Error to Circuit Court for Leon County; E. C. Love, Judge. Judgment reversed.
Fred II. Davis, fór Plaintiff in Error; T. F. West, Attorney General, and T. S. Trantham, Assistant, for State.
Per Curiam.
Eddie Newborn was indicted for an assault with intent to commit murder, and was convicted of an assault with a deadly weapon with intent to commit manslaughter, On writ of error it is argued that the verdict is contrary to the law and to the evidence and that the court erred in refusing to give a requested charge. As the substance of the requested charge had already been given, the refusal to in effect repeat the charge was not error. To constitute the crime of assault with intent to commit manslaughter with a deadly weapon there must concur with the use of a deadly weapon, to take the offense out of the category of an aggravated assault, which is a misdemeanor, the further element of an intent to commit manslaughter upon the person of the assaulted party. Johnson v. State, 53 Fla. 45, 43 South. Rep. 779; Griffin v. State, 72 Fla. 79, 72 South. Rep. 475. The evidence that the accused was seen running from behind the house after1 the shot was fired through a near window does not show him to be.the guilty person; and the circumstances in evidence do not clearly show the requisite particular intent, therefore, a new trial should be granted. Judgment reversed.
Browne, C. J., and Taylor, Shackleford, Whitfild and Ellis, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Odie McNeil v. State, 104 Fla. 360 (Fla. 1932)…one of the convicted defendants, took writ of error to this Court. The judgment against Odie McNeil must be reversed on the authority of Nims v. State, 70 Sou. Rep. 565; Platt v. State, 65 Fla. 253, 61 Sou. Rep. 502; Newborn v. State, 73 Fla. 1064, 75 Sou. Rep. 581; Heath v. State, 97 Fla. 330, 120 Sou. Rep. 846; Parrish v. State, 98 Fla. 877, 124 Sou. Rep. 445. Human liberty should not be forfeited by a conviction under evidence which is not sufficient to convince a fair and impartial mind of the guilt of th…
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Parker Fortner v. State, 119 Fla. 150 (Fla. 1935)…ating him up while holding defendant .down on the ground. In order to sustain a conviction for assault with intent to commit any degree of unlawful homicide the intent to kill must be proved beyond a reasonable doubt. Newborn v. State, 73 Fla. 1064, 75 Sou. Rep. 581. And where it appears that a deadly weapon, such as a knife, was used simply as a cutting instrument against a combatant in the heat of a personal conflict, to repel the su [*153] perior physical force of the other combatant so as to make such other…1 / 3
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Driggers v. State, 82 Fla. 216 (Fla. 1921)…not present. Where the evidence is insufficient to sustain the verdict the judgment will be reversed. Moody et al. v. State, 76 Fla. 23, 79 South. Rep. 294; Middleton v. State, 74 Fla. [*218] 234, 76 South. Rep. 785; Newborn v. State, 73 Fla. 1064, 75 South. Rep. 581; Pollard v. State, 61 Fla. 44, 55 South. Rep. 380; McDonald v. State, 56 Fla. 74, 47 South. Rep. 485; Small v. State, 20 Fla. 780. On another trial if evidence is available which more clearly identifies the casings introduced with those alleged to…
Authorities Cited
- Johnson v. State, 53 Fla. 45 (Fla. 1907)
- Griffin v. State, 72 Fla. 79 (Fla. 1916)