Dukes v. State
Supreme Court of Florida
Appeal from the Circuit Court of the First Judicial Circuit for Jackson county. Richard Dukes was indicted and convicted of murder in the first degree at the fall term, 1873, of the Circuit Court of Jackson county. The following charge was given to the jury : By the statues of Florida there are three degree of murder.
Read the full summary
Appeal from the Circuit Court of the First Judicial Circuit for Jackson county. Richard Dukes was indicted and convicted of murder in the first degree at the fall term, 1873, of the Circuit Court of Jackson county. The following charge was given to the jury : By the statues of Florida there are three degree of murder. The first is defined by the statute to be when the killing is perpetrated from a premeditated design to effect the death of the person killed, or any human being. The 2d is when perpetrated by any act immediately dangerous to others and evincing a depraved mind, regardless of…
1Opinion of the Court
RANDALL, O. J.,
delivered the opinion of the court.
The first question which arises in this case, under the assignment of errors, is whether the plea in abatement to the indictment should have been sustained. The plea sets up substantially that there was a deficiency of grand jurors on the first day of the term, and that to supply such deficiency the court ordered the names of ten persons to be drawn from the list of jurors furnished by the Board of County Commissioners, which was done by the County Judge, the Clerk of the Circuit Court and the Sheriff, instead of by the Clerk alone; that on…
2Cases cited1 opinion
- Hollland v. StateSupreme Court of Florida · 1867
3Cited by17 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Adams v. StateSupreme Court of Florida · 1891
- Nickels v. StateSupreme Court of Florida · 1923
- Lane v. StateSupreme Court of Florida · 1902
- Willingham v. StateSupreme Court of Florida · 1886
12 more not listed; retrieve them via the Exa API.