Ex Parte: Harvey Wilson

THOMAS, J.:

Habeas corpus was employed to present a challenge to the validity of the verdict, and the judgment upon which the petitioner was imprisoned.

The information charged him with the commission of robbery by a person armed, defined in Sec. 7157 C.G.L. 1927 (now Sec. 13.01, Florida Statute, 1941). An element of the offense necessary to be proven to justify conviction is the intent of the perpetrator, at the time of the assault, to kill or maim his victim “if resisted.”

The jury found the defendant “guilty of armed robbery as charged. But with no intention to Mil or maim.” (Italics…