Miller v. State

Whitfield and West, J. J.,

dissenting. — “The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed, or any human being, - * * * . shall be murder in the first degree, and shall be punishable with death.” Sec. 3205 Gen. Stats. 1906, Florida Compiled Laws, 1914.

Premeditated design, in trials for murder, may be established by circumstantial, evidence as contradistin*144guished from positive or direct evidence. Pugh v. State, 55 Fla. 150, 45 South. Rep. 1023; Hicks v. State, 25 Fla. 535, 6 South. Rep. 441; Yates v. State, 26 Fla. 484,…