Pickeron v. State of Florida

Upon an indictment charging assault with intent to commit murder, the plaintiff in error, hereinafter referred to as the defendant, was convicted of assault with intent to commit murder in the second degree, and to the judgment of conviction has taken writ of error.

The assignments of error argued by defendant present two questions.

Defendant’s first contention is that the trial court erred in overruling his motion in arrest of judgment, which motion was based upon the proposition that the indictment charged the commission of the offense upon an impossible date.

In the caption of the indictment…