Branch v. State of Florida

The information herein charges that Talton A. Branch "unlawfully and feloniously, from a premeditated design to effect the death of one Harry C. Beaty, did make an assault on the said Harry C. Beaty," etc. The defendant was convicted of "assault with intent to commit murder in the first degree as charged in the information," the sentence being to the "State's Prison at hard labor for a period of ten years."

On writ of error the defendant contends here that the court erred "in overruling and denying motion of defendant's counsel when the State announced that it rested its case in chief, for a…