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Annie Henry

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eBook details

  • Title: Annie Henry
  • Author : Supreme Court of Florida
  • Release Date : January 30, 1921
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

ELLIS, J. -- The plaintiff in error was convicted of the crime of manslaughter upon an indictment which charged one Ethel Everett with the murder of Rosa Turner and charged Annie Henry, the plaintiff in error, and Melvina Young as principals in the second degree. The language of the indictment in so far as it connected the two latter named women with the alleged murder is as follows: ""And that Annie Henry and Melvina Young unlawfully and from a premeditated design to effect the death of said Rosa Turner were then and there unlawfully present and did then and there unlawfully and from a premeditated design to effect the death of the said Rosa Turner and, abet, assist, counsel, hire and procure the said Ethel Everett the felony aforesaid in manner and form aforesaid to do and commit. And so the said Ethel Everett, Annie Henry and Melvina young did in manner and form aforesaid unlawfully and from a premeditated design to effect the deat of said Rosa Turner kill and murder the said Rosa Turner."" There was no motion to quash the indictment nor demurrer interposed to it in behalf of Annie Henry, but after verdict a motion in her behalf was made in arres of judgment. The overruling of this motion constitutes the basis of the third assignment of error. As this assignment of error questions the sufficiency of the indictment, it is considered first, because if the indictment is insufficient to that degree of imperfection which may be taken advantage of after verdict the judgment should be reversed.


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