Lovett v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. STATEMENT. The testimony in behalf of the State was as follows : Neal Mitchell, M. D., testified that one March Scrog-gins did come to his death in said Duval county, from peritonitis consequent upon a gun-shot wound ; that said wound was inflicted on the eleventh day of September, A. D. 1891, and that death ensued therefrom on the 23d day of September aforesaid.
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Writ of Error to the Circuit Court for Duval county. STATEMENT. The testimony in behalf of the State was as follows : Neal Mitchell, M. D., testified that one March Scrog-gins did come to his death in said Duval county, from peritonitis consequent upon a gun-shot wound ; that said wound was inflicted on the eleventh day of September, A. D. 1891, and that death ensued therefrom on the 23d day of September aforesaid. A. J. Wakefield, M. D., testified to the same tenor and effect. R. E. "Wheeler testified that on the morning of the said shooting he was coming into town from his home in Brooklyn,…
1Opinion of the Court
Raney, C. J.:
This cause having been restored to our docket (Lovett vs. State, 29 Fla., 356, 11 South. Rep., 176), it stands now for consideration under such assignments of errólas have not been disposed of heretofore (Lovett vs. State, 29 Fla., 356, 11 South. Rep., 172).
I. The objection urged in connection with the first paragraph of the charge is, that the trial judge should have instructed the jury upon all the grades of homicide to which the evidence may be reasonably applicable. The futility of such an objection, in the absence of any request for instructions on the lesser grades of…
2Cases cited35 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Garner v. StateSupreme Court of Florida · 1891
- State v. WienersSupreme Court of Missouri · 1877
- State v. OstranderSupreme Court of Iowa · 1865
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
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3Cited by69 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- Jenkins v. StateSupreme Court of Florida · 1895
- Cook v. StateSupreme Court of Florida · 1903
- McCoy v. StateSupreme Court of Florida · 1898
- Smith v. HornSupreme Court of Florida · 1915
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