Middleton v. State

— On writ of error to a judgment of conviction of murder in the first degree it is contended only that the evidence does not show the homicide tó have been perpetrated from a premeditated design to effect the death of the deceased as charged in the indict ment.

Where a homicide is charged to have been perpetrated from a premeditated design to effect death, and there are no facts or circumstances in evidence from which the formation of such a premeditated design may be fairly found by the jury, a verdict of murder in the first degree should be set aside. Baker v. State, 54 Fla. 12, 44 South.…