Baker v. State
| Decision Date | 16 July 1907 |
| Citation | 54 Fla. 12,44 So. 719 |
| Parties | BAKER v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Clay County; Rhydon M. Call, Judge.
Ed Baker was convicted of murder in the first degree, and he brings error. Reversed.
Syllabus by the Court
Where a verdict of murder in the first degree is assailed in the appellate court on the ground of the insufficiency of the evidence, facts and circumstances from which the jury could have found all the essential elements of the crime alleged must appear from the evidence contained in the bill of exceptions and incorporated in the duly certified transcript of the record, or a new trial will be granted.
In a prosecution for murder in the first degree charged to have been committed from a premeditated design to effect death and there are no facts and circumstances in evidence from which the formation of the alleged premeditated design may be found, a verdict of murder in the first degree should be set aside, and a new trial granted upon proper proceedings duly taken.
COUNSEL L. E. Wade, for plaintiff in error.
W. H Ellis, Atty. Gen., for the State.
The plaintiff in error, Ed. Baker, was indicted for the murder of Will Hutchins in the circuit court for Clay county. When arraigned he entered a plea of not guilty. Upon the trial the jury returned a verdict of murder in the first degree. A motion for new trial was made upon the grounds that the verdict is (1) contrary to law, (2) contrary to the evidence (3) contrary to the weight of the evidence, (4) contrary to the charge of the court, and '(5) The jury failed to distinguish and separate the testimony showing the assault upon Will Benson and the testimony as to the shooting of the deceased by defendant which prejudiced the defendant and improperly influenced the jury.' This motion was overruled, and an exception taken. On writ of error to the judgment sentencing the accused to death, he assigned the following errors: (1) Overruling motion for new trial; (2) the verdict is contrary to law; (3) the verdict is contrary to the evidence and the weight of the evidence; (4) the verdict is contrary to the charge of the court; (5) the evidence is insufficient to warrant a verdict of murder in the first degree.
As presented here, the only question for determination is the sufficiency of the evidence to sustain the verdict. From the testimony as shown in the transcript, it appears that the accused and one Will Benson engaged in an altercation over a game of cards, during which the accused shot at Benson, who, taking a pistol from some one near by, shot several times in return. The accused in retiring from the scene 'whirled' or 'wheeled' and fatally shot the deceased, Will Hutchins, a 'partner' and 'friend' of Benson, who was coming towards the place of the difficulty.
It is contended that the evidence shows the fatal shot could not have been fired by the accused, but that it could have been fired by Will Benson, who was shooting at the accused.
Two witnesses for the state testified that in leaving the place of the difficulty the accused shot back at Will Benson, and that as the deceased was coming towards the scene of the shooting they saw the accused shoot deceased, who fell mortally wounded by a shot in the jaw and neck. This is...
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State v. Morris
... ... reasonable doubt to establish first degree murder. Miller ... v. State, (Fla.) 77 So. 669; State v. Barrett, ... (Mo.) 207 S.W. 784; People v. Ingraham, (N. Y ... ) 133 N.E. 575; Jones v. People, (Colo.) 155 P ... 966; Chisholm v. State, (Fla.) 76 So. 329; Baker ... v. State, (Fla.) 44 So. 719; State v. Terry, (N ... C.) 92 S.E. 154; State v. Bayti, (N. C.) 105 ... S.E. 200. The record shows an entire absence of proof of ... "purpose" and "premeditation" essential ... ingredients of the crime of murder in the first degree. Our ... review of ... ...
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Mcdonald v. State
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