Taylor v. State
Supreme Court of Florida
This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Leon County. STATEMENT; This case was taken up for consideration by Division B, but there being a difference of opinion among the members of the division, was referred to the court en Txmc. for decision.
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This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Leon County. STATEMENT; This case was taken up for consideration by Division B, but there being a difference of opinion among the members of the division, was referred to the court en Txmc. for decision. The plaintiff in error was indicted at the Spring term,', 1903, of the Circuit Court of Leon county for the crime of assault with intent to murder, he -was tried at the Fall term of said court, 1903, and was convicted of assault with intent to commit manslaughter, and from the sentence imposed sued out writ of…
1Opinion of the Court
Cockreij,, J.
(after stating the facts.)
The sufficiency of the first plea in abatement is strenuously urged before us. Please of this character are most strictly construed against the pleader; in the language of the old books they must be certain to certain intent in every particular. They must leave “on the one hand, nothing to be supplied by intendment or construction; and on the other, no supposable special answer unobviated.” Miller v. State, 42 Fla. 266, 28 South. Rep. 208, 1 Bishop’s New Crim. Proc. section 327; State v. Duggan, 15 R. I. 412, 6 Atl. Rep. 597, and cases cited. Testing the…
2Cases cited47 opinions
- Dukes v. StateIndiana Supreme Court · 1859
- State v. FassetSupreme Court of Connecticut · 1844
- State v. GleasonSupreme Court of Florida · 1868
- State v. JohnsonTexas Supreme Court · 1854
- Hall v. StateSupreme Court of Alabama · 1901
42 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- In Re Proceedings Against Richards for DisbarmentSupreme Court of Missouri · 1933
- Goswick v. StateSupreme Court of Florida · 1962
- State ex rel. Williams v. EllisIndiana Supreme Court · 1916
- Colson v. StateSupreme Court of Florida · 1906
31 more not listed; retrieve them via the Exa API.