Savage v. State
Supreme Court of Florida
"Writ of Error to tbe Circuit Court for Hamilton county. The Plaintiffs in Error were indicted for the murder of Prank P. Paterson, the former as principal in the first degree and the latter as principal in the second degree.
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"Writ of Error to tbe Circuit Court for Hamilton county. The Plaintiffs in Error were indicted for the murder of Prank P. Paterson, the former as principal in the first degree and the latter as principal in the second degree. The indictment was found in Madison county, at the Spring-term of the Circuit Court for the year 1881. The case was removed on application of the Plaintiffs in Error to Hamilton county, where they were convicted of murder in the first degree at a special term of the Circuit Court held in June. The second assignment is the overruling of motion of the defendants for leave…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
I. The first and third of the errors assigned which are urged here are that the court erred in overruling defendants’ application for leave to withdraw their plea of not guilty and to file a plea, in abatement to the jurisdiction and in overruling the plea. The ground of the plea in abatement is that the court is without jurisdiction because what purports to be an indictment is not such as is required by the Constitution, in that it is there required that “ all prosecutions shall be conducted in the name and by the authority of the State of…
2Cases cited7 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Shoeffler v. StateWisconsin Supreme Court · 1854
- State v. FosterSupreme Court of Missouri · 1876
- Burt v. PanjaudSupreme Court of the United States · 1879
- State v. LaneSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- Wilson-Bey v. United StatesDistrict of Columbia Court of Appeals · 2006
- Garner v. StateSupreme Court of Florida · 1891
- Adams v. StateSupreme Court of Florida · 1891
- Larry v. StateSupreme Court of Florida · 1958
68 more not listed; retrieve them via the Exa API.