J. B. SALLAS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a manslaughter conviction, finding that while the information was inartificially drawn, it sufficiently charged the offense. The court also held that the denial of a continuance and alleged technical errors in evidence rulings were not grounds for reversal given the clear evidence of guilt.
The court held that the information, though inartificially drawn, sufficiently charged the offense of murder in the second degree, which includes manslaughter. The denial of a continuance was not an abuse of discretion, and the alleged technical errors in evidence rulings were not vital enough to cause a reversal given the clear evidence of guilt.
“it does sufficiently charge the offense of murder in the second degree which includes manslaughter.”
Establishes the court's finding on the sufficiency of the information.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of manslaughter in the Criminal Court of Record for Walton County. The defendant appealed, assigning errors inclu…
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Per Curiam.
The plaintiff in error was convicted of manslaughter in the Criminal Court of Eecord for Walton County. Among the errors assigned here is on the denial of a motion to quash the information. In support of this assignment it is merely stated that the information appears inartificially drawn, and does not clearly set'up the offense it attempts to describe. This perhaps does not rescue the assignment from the status of abandonment, but the information has been examined and while it may be inartificially drawn, it does sufficiently charge the offense of murder in the second degree which includes manslaughter. On the showing made that the desired absent witness was out of the State, there does not appear to have been an abuse of discretion in denying a postponement and continuance.
A charge refused was fully covered by charges given. There may have been several technical errors in rulings on the admission of evidence, but the defendant’s own testimony and that of other witnesses clearly established guilt of the offense charged, and the errors complained of are not vital or of such nature as to cause a reversal of a judgment that accords with the law, the charge and the evidence.
The judgment is affirmed.
Whitfield, C. J., and Shackleford, and Cockrell, J. J., concur;
Taylor, Hocker and Parkhill, J. J., concur in the opinion.
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Citator
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Young v. State, 85 Fla. 348 (Fla. 1923)…61 Fla. 19, 55 South. Rep. 285; Wallace v. State, 41 Fla. 547, 26 South. Rep. 713; Caldwell v. State, 43 Fla. 545, 30 South. Rep. 814; Davis v. State, 47 Fla. 26, 36 South. Rep. 170; Wilson v. State, 47 Fla. 118, 36 South. Rep. 580; Sallas v. State, 61 Fla. 59, 54 South. Rep. 773. Chapter 6223 Acts of 1911, Section 2812 Revised General Statutes 1920, as to harmless errors, merely enacted into law a rule of decision that in substance and effect had been theretofore observed by this court. The judicial rul…
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Holloman v. State, 140 Fla. 59 (Fla. 1939)…, 95 Fla. 269, 116 Sou. Rep. 7; Jenkins v. State, 100 Fla. 1599, 132 Sou. Rep. 198. Likewise this Court has held that an indictment or information sufficiently charging murder in the second degree includes a charge of manslaughter. Sallas v. State, 61 Fla. 59, 54 Sou. Rep. 773. The information in the present case charging murder in the second degree, therefore, included the charge of manslaughter. The evidence herein has been thoroughly examined and found sufficient to support a conviction of murder in…
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Wilkins v. State, 75 Fla. 483 (Fla. 1918)…charge of the court and the evidence. Reeves v. State, 68 Fla. 96, 66 South. Rep. 432; Rhodes v. State, 65 Fla. 541, 62 South. Rep. 653; Owens v. State, 65 Fla. 483, 62 South. Rep. 651; Gee v. State, 61 Fla. 22, 54 South. Rep. 458; Sallas v. State, 61 Fla. 59, 54 South. Rep. 773; Goff v. State, 60 Fla. 13, 63 South. Rep. 327. Without the testimony of the witness Irwin tending to impeach the testimony of the defendant, there was sufficient evidence before the jury upon which to find a verdict of guilt. S…
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