Florida Reports Volume 33

Florida Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...before that time. It is entirely clear, both under the Constitution (Art. III, sec. 32) and the Revised Statutes (sec. 2353), that the constituent ele-ments of the crime for the commission of which the accused was indicted, it having been committed before the Revised Statutes went into effect, have not been changed or attempted to be changed. Upon the indictment the accused stood for trial under the law in force when the offense was committed, so far as the essential elements of the crime itself are concerned, and no changes in these respects have been made by the subsequent law. In view of what has already beensaid by this court on this subject, further discussion isunnecessary. Reynolds vs. State (decided at this term), and authorities therein cited. It is not contended that the indictment is bad under the law as it existed at the time it was found, and the result is that no suflicient reason was shown for quashing the indictment. It may be stated that even if the change in reference to the number of peremptory chal lenges allowed in criminal cases was unauthorized sofar as it applies to past ofienses, this would be no ground for quashing the indictment. But it has been decided here that the change in reference to peremptory challenges appertains to the remedy, and does not affect the essentials of the crime itself. Mathisvs. State, 31 Fla., 291, 12 South. Rep., 681. The grounds alleged in the pther motion are: 1st. That unlawful homicide, of which the defendant was convicted, is created and defined by statute, and since the killing charged in the indictment, the constituent elements of unlawful homicide and the procedure ap plicable thereto have been changed by legislative enactment to the disadvantage of the accused and the impairment...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236759923
  • 9781236759924