Pell v. State

Whitfield, J.,

(concurring) : In Denham v. State, 22 Fla. 664, text 679, it is said that “murder in this State is no longer a common law offense, bnt it is a statutory one, ’ ’ and that to 1 ‘ distinguish murder in the first degree as designated in the statute, it must be charged in the indictment, in the language of the statute, as having been perpetrated ‘from a premeditated design to effect the death of the person killed.’ ” See Chap. 1637, Acts 1868, Sec. 5035, Rev. Gen. Stats. 1920, Sec. 1, Chap. 8470, Acts 1921,. Sec. 7137, Comp. Gen. Laws 1927. It had previously been held that “where…