McDowell v. State

(Concurring). — I agree to the conclusion reached by Mr. Justice Buford. I do not agree with Mr. Chief Justice Davis in the major premise of his dissenting opinion, which is in substance that the constitutional right to an opportunity for preparing one’s defense in a capital case is violated ipso facto when the accused is put on trial seven days after the commission of the alleged offense, or four days after the indictment was returned.

I think the cases cited in his opinion do not support the proposition.

In Scott v. State, 101 Fla. 250, 134 Sou. Rep. 50, the indictment was returned at 2…