Cases Adjudicated (Volume 72) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1916. Excerpt: ... Roberts et al. v. State--Syllabus. an actual penetration, without emission." See also State v. Sigerella, 23 Del. (7 Penn.) 311, 82 All. Rep. 31; People v. Courier, 79 Mich. 366, 44 N. W. Rep. 571; Brauer v. State, 25 Wis. 413; Bishop on Statutory Crimes (3rd ed.) 488. This assignment has not been sustained. We do not discuss the sufficiency of the evidence to support the verdict, as that is not argued before us. The judgment must be affirmed. Taylor, C. J., and Cockrell, Whitfield and Ellis, JJ., concur. Jim Roberts, Brady Roberts And Percy Roberts, Plaintiffs in Error, v. The State Of Florida, Defendant in Error. Opinion Filed Aug. i, 1916. 1. When the voir dire examination discloses that an impartial jury was readily selected from a distant portion of the county, there is no error in refusing a change of venue. 2. The trial of a homicide one month after its commission did not under the circumstances show undue haste. 3. Upon proof of a conspiracy to commit murder the court ma> instruct that it is immaterial which one of the conspirators fired the fatal shot, and that a doubt as to that identity would not destroy the State's case. 4. The court should not instruct upon the credibility of a par ticular witness, not an accomplice. 5. While it is the better rule to instruct, if requested by the de fendant, that "no presumption of guilt arises from the failure Roberts et al. v. State--Opinion of Court. of the defendant to take the stand and testify in his own behalf," yet other charges sufficiently cured the omission. 6. The evidence supports the verdict. Writ of Error to Circuit Court, Santa Rosa County; A. G. Campbell, Judge. Judgment affirmed. (Shackleford, J., dissenting.) Clark & MafIaha, for Plaintiffs in Error; T. F. West, Attorney General, and Glenn Terrell, Assistant, ...