CHARLIE SHUMAKE, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Charlie Shumake was convicted of shooting into a vehicle on December 25, 1923. On appeal, he challenged the sufficiency of the indictment for failing to describe the weapon used, but the Florida Supreme Court affirmed, holding that the indictment's use of the statutory language 'shoot' adequately implied use of a firearm and sufficiently informed the defendant of the charges.
The indictment is sufficient. The statutory language 'shoot' or 'to shoot' generally implies the use of a firearm, and the allegation that it was done 'wantonly and maliciously' negates any suggestion that a non-harmful instrument was used. The indictment adequately acquaints the defendant with the nature and cause of accusation and is not so vague as to mislead or expose him to jeopardy of prosecution for the same offense.
“The indictment, with respect to the alleged shooting, is in the language of the statute. Generally the term 'shoot' or 'to shoot' implies the use of a fire-arm, and the allegation that it was 'wantonly and maliciously' done negatives the suggestion that an instrument may have been employed that obviously would have done no injury.”
Establishes the court's reasoning that statutory language and the manner of commission adequately imply the weapon type without explicit description.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCharlie Shumake was indicted in two counts—the first charging him as principal for shooting into a Ford Roadster car occupied by Leroy Epps and Ruthel…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Accessory Liability cases and more on FLexlaw
West, C. J.
The indictment in this case consists of two counts. In the first count plaintiff in error, Charlie Shumake,'was charged as principal and Mancel Newsome as accessory. In the second count Mancel. Newsome was charged as principal and Charlie Shumake as accessory. The verdict returned found Charlie Shumake, plaintiff in error, guilty as charged in the first count and found defendant Mancel Newsome not guilty. To review the judgment writ of error was taken from this court.
The first count, omitting formal parts, is as follows:
“The grand jurors of the State of Florida, empaneled and sworn to enquire and true presentments make in and for the body of the County of Washington upon their oaths do present that Charlie Shumake of the County of Washington and the State of Florida, on the 25 day of December in the year of our Lord One Thousand Nine Hundred and Twenty-three in the County and State aforesaid, then and there being, did wantonly and maliciously shoot at and into a certain vehicle, to-wit: a Ford Roadster Car, which said Ford Roadster Car aforesaid was then and there being used and occupied by Leroy Epps and Ruthel Brown.
“And the grand jurors aforesaid, empaneled and sworn as aforesaid, enquiring as aforesaid, do further say and state that Mancel Newsome of the County of Washington and State of Florida on the 25th day of December, A. D. Nineteen Hundred and Twenty-three, being personalty present did then and there aid, abet, encourage and command him the said Charlie Shumake the aforesaid crime to do and commit contrary to the form of the statutes in such case made and provided, to the evil example of, all others in like eases offending and against the peace and dignity of the State of Florida.”
The indictment is predicated upon Section 5560, Revised General Statutes.
The contention made here is that the count upon -which conviction was had is defective in that it fails to describe the weapon, or any weapon, used in shooting into the Ford car as alleged. The State replies and relies as authority for the sufficiency of the count upon Taylor v. State, 67 Fla. 127, 64 South. Rep. 454.
When arraigned plaintiff in error entered a plea of not guilty. Thereafter application was made to withdraw the plea and file a motion to quash the first count upon the ground of the alleged insufficiency of the indictment because of the omission first, to describe the weapon used in shooting into the ear, and second, to allege the ownership of the car. The plea of guilty interposed waived the right to plead in abatement or to move to quash the indictment, and it is within the discretion of the trial court to allow a plea of not guilty to be withdrawn, after having been duly entered, and permit defendant to file a motion to quash the indictment. Savage v. State, 18 Fla. 909; Adams v. State, 28 Fla. 511, 10 South. Rep. 106; Hodge v. State, 29 Fla. 500, 10 South. Rep. 556; Knight v. State, 44 Fla. 94, 32 South. Rep. 110; Mercer v. State, 83 Fla. 555, 92 South. Rep. 535.
The indictment, with respect to the alleged shooting, is in the language of the statute. Generally the term “shoot” or “to shoot” implies the use of a fire-arm, and the allegation that it was “wantonly and maliciously” done negatives the suggestion that an instrument may have been employed that obviously would have done no injury. There is no bill of exceptions in the record, so that the weapon used is not shown. The indictment is sufficiently clear to acquaint the defendant with the nature and cause of the accusation against him and is not so vague and indefinite as to mislead him or embarrass him in the preparation of his defense or expose him, after conviction or acquittal, to substantial danger of a new prosecution for the same offense. Sec. 11, Bill of Rights; Secs. 6063-6064, Rev. Gen. Stats.; Thomas v. State, 74 Fla. 200, 76 South. Rep. 780; Harrell v. State, 79 Fla. 220, 83 South. Rep. 922; Sasser v. State, 79 Fla. 490, 84 South. Rep. 380; Habersham v. State, 80 Fla. 240, 85 South. Rep. 655; Steffanos v. State, 80 Fla. 309, 86 South. Rep. 204.
The judgment will be affirmed.
Whitfield, Ellis, Terrell, Strum and Brown, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Richardson v. State, 100 Fla. 835 (Fla. 1930)…the ruling is subject to reversal only for abuse of discretion. See Savage v. State, 18 Fla. 909; Adams v. State, 28 Fla. 511, 10 So. R. 106; Knight v. State, 44 Fla. 94, 32 So. R. 110; Mercer v. State, 83 Fla. 555, 92 So. R. 535; Shumake v. State, 90 Fla. 133, 105 So. R. 314. In nearly all the decisions of this Court upon this proposition doubt is expressed as to whether an appellate court will ever interfere with the trial court’s discretion in denying a motion to be allowed to withdraw a plea of not g…
-
Kaminski v. State, 72 So. 2d 400 (Fla. 1954)…s discretion in refusing at that point to permit defendant to withdraw his plea and filed a motion to quash. Section 909.06, supra. Bryan v. State, 41 Fla. 643, 26 So. 1022; Haddock v. State, 141 Fla. 132, 192 So. 802; Shumake v. State, 90 Fla. 133, 105 So. 314; Hays v. State, 100 Fla. 734, 130 So. 6. See also Johnson v. State, 58 Fla. 68, 50 So. 529; 27 Am.Jur., Ind. and Inf., section 188, n. 14 and 15; 42 C.J. S., Indictments and Informations § 331. The only other question on the appeal is whether the e…
-
Walker v. State, 93 Fla. 1069 (Fla. 1927)…a of not guilty is a waiver of the right to plead in abatement in a criminal cause. See Hodge v. State, 29 Fla. 500, 10 South. Rep. 556; Ellis v. State, 25 Fla. 702, 6 South. Rep. 768; Mercer v. State, 83 Fla. 555, 561; 92 So. 585; Shumake v. State, 105 So. 314. The pleas interposed related to the drawing, summoning [*1072] and organization, of the grand jury which found and returned the indictment. See Ellis v. State, supra; Gladden v. State, 13 Fla. 623; Burroughs v. State, 17 Fla. 643; Knight v. State,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Adams v. State, 28 Fla. 511 (Fla. 1891)
- Savage v. State, 18 Fla. 909 (Fla. 1882)
- Hamilton Harrell v. State, 79 Fla. 220 (Fla. 1920)
- Thomas v. State, 74 Fla. 200 (Fla. 1917)
- Steffanos v. State, 80 Fla. 309 (Fla. 1920)
- Mercer v. State, 83 Fla. 555 (Fla. 1922)
- Knight v. State, 44 Fla. 94 (Fla. 1902)
- Green W. Hodge v. State, 29 Fla. 500 (Fla. 1892)
- Taylor v. State, 67 Fla. 127 (Fla. 1914)
- Sasser v. State, 79 Fla. 490 (Fla. 1920)