Lassiter v. State, (1929)
Court: Supreme Court of Florida
Number:
Visitors: 12
Judges: BUFORD, J. —
Attorneys: S. K. Gillis, for Plaintiff in Error;
Fred H. Davis, Attorney General, and Roy Campbell, Assistant, for the State.
Filed: Aug. 01, 1929
Latest Update: Mar. 02, 2020
Summary: In this case the plaintiff in error was charged by indictment with the crime of assault with intent to commit murder in the first degree. He pleaded not guilty and on trial by jury was convicted of the crime of assault with intent to commit manslaughter. He was adjudged to be guilty of such offense and was sentenced to serve a period of twelve months in the State prison. To the judgment he took writ of error. An "assault with intent to commit manslaughter" is an unlawful assault committed in suc
Summary: In this case the plaintiff in error was charged by indictment with the crime of assault with intent to commit murder in the first degree. He pleaded not guilty and on trial by jury was convicted of the crime of assault with intent to commit manslaughter. He was adjudged to be guilty of such offense and was sentenced to serve a period of twelve months in the State prison. To the judgment he took writ of error. An "assault with intent to commit manslaughter" is an unlawful assault committed in such..
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I do not see how there can be as to certain classes of cases, any such offense as assault with the intent to commit manslaughter as manslaughter is defined by our statute. The statutory definition of manslaughter appears to eliminate the element of intent to kill, in certain cases; such as deaths resulting from culpable negligence.
Source: CourtListener
