JOE JENKINS, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1931-01-05
Terrell, .C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.
100 Fla. 1599 Florida Supreme Court (1931) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This Writ of Error is from a judgment resulting from a trial and conviction of murder in' the second degree. It is contended here that the charge of the *1600trial court as to murder in the second degree was erroneous and that error was committed in not sustaining an objection of the defendant to certain testimony of Charlie Noegel.

We do not think either assignment is well grounded. There was ample evidence in the record to- support the verdict and judgment and the law is well settled that a jury may return a verdict of murder in the second degree on an indictment charging murder in the first degree.

Affirmed.

Terrell, .C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Holloman v. State, 140 Fla. 59 (Fla. 1939)
    …[*62] Fla. 444, 102 Sou. Rep. 642; Roberts v. State, 94 Fla. 149, 113 Sou. Rep. 726; Williams v. State, 73 Fla. 1198, 75 Sou. Rep. 785; Clark v. State, 88 Fla. 186, 101 Sou. Rep. 352; Lovett v. State, 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 ca…
  • Davis v. State, 137 Fla. 423 (Fla. 1939)
    …ree of unlawful homicide and the defendant's [*426] guilt of each was in question. McCoy v. State, 40 Fla. 494; 24 South. Rep. 485; Morrison v. State, 42 Fla. 149, 28 South. Rep. 97; Lovett v. State, 95 Fla. 269, 116 South. Rep. 7; Jenkins v. State, 100 Fla. 1599, 132 South. Rep. 198. In view of these acts of the legislature and expressions of this court, there is no doubt that plaintiff in error knew that he was confronted with the charge of murder in the two degrees. The method of selecting the jury list…

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