Gantling v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Hamilton county. Statement. At a special term of the Circuit Court of Hamilton county, held in October, 1896, paintiff in error was indicted for the murder of one Lilly Gantling, alleged to have been committed August 1, 1896. The indictment contained two counts: the first charging that the murder was effected with a razor; the second that it was committed in a manner and by means unknown to the grand jury.
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Writ of Error to the Circuit Court for Hamilton county. Statement. At a special term of the Circuit Court of Hamilton county, held in October, 1896, paintiff in error was indicted for the murder of one Lilly Gantling, alleged to have been committed August 1, 1896. The indictment contained two counts: the first charging that the murder was effected with a razor; the second that it was committed in a manner and by means unknown to the grand jury. The defendant was tried and convicted of murder in the first degree at the Fall term, 1897, of said court, and from the death sentence imposed upon…
1Opinion of the Court
Carter, J.:
I. After the jury was empanelled and sworn, but before any evidence was offered, the defendant moved the court to require the State Attorney to elect between the first and second counts of the indictment, and to designate the count upon which he intended to rely for a conviction. In overruling this motion the court committed no error, as both counts related to the same transaction, and were framed to meet various aspects in which the evidence might present itself. Murray v. State, 25 Fla. 528, 6 South. Rep. 498.
II. The remains of Lilly Gantling were discovered on Sunday. The…
2Cases cited13 opinions
- Jenkins v. StateSupreme Court of Florida · 1895
- Holland v. StateSupreme Court of Florida · 1897
- Gladden v. StateSupreme Court of Florida · 1868
- Carter v. BennettSupreme Court of Florida · 1852
- Metzger v. StateSupreme Court of Florida · 1881
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3Cited by41 opinions
- Bessie Cannon v. State of FloridaSupreme Court of Florida · 1926
- Bolin v. StateSupreme Court of Florida · 2010
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Thomas v. StateCourt of Appeals of Maryland · 1946
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
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