Smith v. State
Smith v. State
Opinion of the Court
Information was filed by the Acting County Solicitor Philip D. Beall in the Court of Record of Escambia County against plaintiff in error charging him with the crime of manslaughter under the statute. Upon a trial there was a verdict of guilty as charged. From the judgment imposing sentence writ of error was taken.
One question only is presented, namely, the sufficiency of the evidence to supp'ort the verdict. In all other re
There is ample proof that a “little girl” was killed by plaintiff in error in the manner and by the means alleged in the information, but there is nothing in the evidence to even suggest that the “little girl” whom plaintiff in error is shown to have killed was the person alleged in the information to have been killed by him. The name of the “little girl” is not mentioned by a single witness and there is a total failure to identify by evidence the person actually killed with the person alleged to have been killed. The name of the person alleged to have been killed' in an information charging manslaughter is a material and
Because of the failure to offer evidence in proof of this essential allegation of a material element of the crime charged the judgment must be reversed and the case remanded for a new trial.
Reversed.
Reference
- Full Case Name
- Ed Smith, in Error v. The State of Florida, in Error
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. The name of the person alleged to have been killed in an information charging manslaughter is a material and essential allegation that must be proved before a conviction can be sustained upon such information. 2. The deceased is referred to in the evidence as a “little girl,” and while it is probable that the “little girl” referred to as having been killed was the person alleged in the information to have been killed, an appellate court cannot, in the absence of any proof at all to that effect, infer that such was the case.