Wester v. State
| Decision Date | 16 January 1940 |
| Citation | 141 Fla. 374,193 So. 303 |
| Parties | WESTER v. STATE. |
| Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Jackson County; Ira A. Hutchison, Judge.
Ralph Wester was convicted of murder in the first degree, and he brings error.
Affirmed.
COUNSEL Amos E. Lewis, of Marianna, and Philip D. Beall, of Pensacola, for plaintiff in error.
George Couper Gibbs, Atty. Gen., and Thomas J. Ellis, Asst. Atty. Gen., for defendant in error.
This is a companion to the case of Woodrow Wester v. State, Fla., 193 So. 300, decided this day, and what we said in that opinion disposes of all questions raised here except one criticizing a charge of the court defining principals in the first and second degree. (That part of the opinion in the other case which dealt with threats said to have been made by Woodrow Wester against the deceased is, of course, irrelevant to this one.)
The questioned instruction was:
That the charge is correct is evident from reading the following cases: Pope v. State, 84 Fla. 428, 94 So. 865; Bryan v. State, 19 Fla. 864; and Neumann v. State, 116 Fla. 98, 156 So. 237.
No error could have resulted from failure to define 'constructively', as is urged. It is not incumbent upon the court to define words, used in the charges, which are understandable to persons possessed of the qualifications required of jurors; there was no request for the definitive instruction; and the evidence shows that this plaintiff in error was parked so near the victim's home and the scene of the murder that the report of the gun was heard by him.
The judgment is affirmed.
BROWN, J., not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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... ... the fact, by counseling, hiring, or otherwise procuring such ... felony to be committed, shall be punished in the same manner ... prescribed for the punishment of the principal felony.' ... See Albritton v. State, 32 Fla. 358, 13 So. 955; ... Wester v. [158 Fla. 729] State, 141 Fla ... 374, 193 So. 303; Neumann v. State, 116 Fla. 98, 156 ... So. 237 and Pope v. State, 84 Fla. 428, 94 So. 865; ... Ferguson v. State and Maxwell v. State, Fla., 28 ... So.2d 427; Warren on Homicide, Vol. 2, page 135; State v ... Payne, 10 Wash. 545, 39P ... ...
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..."implied consent". Danford v. State, 53 Fla. 4, 43 So. 593 (1907); Lindberg v. State, 134 Fla. 786, 184 So. 662 (1938); Wester v. State, 141 Fla. 374, 193 So. 303 (1940); State v. Bryan, 287 So.2d 73 As to the last point, the prosecutrix' testimony alone (which was obviously believed by the......
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