Legal Opinion

Ewert v. State

Supreme Court of Florida

Decided June 15, 1904PublishedCited by 10 opinions

This case was decided by Division A. Writ of error to the Circuit Court for Monroe county. The facts in the case are stated in the opinion of the court.

1Opinion of the CourtTaylor, C. J.

The plaintiff in error, Freddie Ewert, was indicted, tried and convicted of the crime of murder in the first degree in the Circuit Court of Monroe county *38and from the sentence of death imposed seeks relief here by writ of error.

The first assignment of error insisted upon here is that the indictment is insufficient in this, that it does not set forth the manner, means nor instrument in, by or with which the said Freddie Ewert did kill and murder the deceased, Frank Whitaker. No assault was made upon the indictment in the court below, but it is questioned here for the first time. The indictment…

2Cases cited3 opinions

  1. Bradham v. StateSupreme Court of Florida · 1899
  2. Roberson v. StateSupreme Court of Florida · 1903
  3. Cooper v. StateSupreme Court of Florida · 1904

3Cited by10 opinions

  1. Johnson v. StateSupreme Court of Florida · 1906
  2. O'Neal v. StateSupreme Court of Florida · 1907
  3. Ammons v. StateSupreme Court of Florida · 1924
  4. Stansell v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. Blackwell v. StateSupreme Court of Florida · 1931

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