Pell v. State

The writ of error in this case is to a judgment of the Circuit Court of Volusia County, convicting the plaintiff in error of murder in the second degree. There was a motion in arrest of judgment in which the validitjr of the indictment was challenged. Murder in the first degree is defined by our statute in the following language:

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, or when committed in the perpetration of or in the attempt to perpetrate any arson, rape, robbery, or burglary, shall be…