Legal Opinion

Barber v. State

Supreme Court of Florida

Decided July 1, 1853PublishedCited by 21 opinions

Error to the Circuit Court of Duval County. This was an indictment against Archibald Barber for an assault and battery. It appears from the record, that upon the trial of this case in the Circuit Court, the State having closed, and the prisoner having offered no evidence, prisoner’s counsel contended in his argument to the jury, that the prosecution had not proved the time when the offence charged in the indictment was committed, and ashed the Court to charge the jury that…

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Error to the Circuit Court of Duval County. This was an indictment against Archibald Barber for an assault and battery. It appears from the record, that upon the trial of this case in the Circuit Court, the State having closed, and the prisoner having offered no evidence, prisoner’s counsel contended in his argument to the jury, that the prosecution had not proved the time when the offence charged in the indictment was committed, and ashed the Court to charge the jury that in such case the prisoner was entitled to a verdict. The solicitor for the State insisted that the time had been proved…

1Opinion of the Court

ANDERSON, C. J. :

This case is brought up by agreement as upon writ of error from the Circuit Court of Duval County. On the trial of the plaintiff in error on an indictment for assault and battery, the solicitor of the State omitted to prove the time when the offence charged was committed, till the prisoner’s counsel, on the solicitor announcing that he had closed, addressing the Court in the defence, aslced the Court to charge the jury, that the prisoner was entitled to a verdict on account of the omission.

The solicitor of the State then moved the Court for leave to introduce a witness to…

2Cited by21 opinions

  1. Anthony v. StateSupreme Court of Florida · 1902
  2. Barry v. WalkerSupreme Court of Florida · 1931
  3. Bowen v. ManuelDistrict Court of Appeal of Florida · 1962
  4. Albert v. Miami Transit CompanySupreme Court of Florida · 1944
  5. Courtney v. Central Trust Co.Supreme Court of Florida · 1933

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