Ormond v. State
Ormond v. State
Opinion of the Court
Plaintiff in error was informed against upon a charge of assault with the intent to commit the offense of murder in the first degree. There was a motion to quash the information upon the grounds that it (1) charged no offense; (2) ivas vague and indefinite; (8) was argumentative and stated conclusions of law; and (4) did
The only question presented is whether the information contains allegations sufficient to charge the offense of assault with intent to commit murder in the first degree under the statute, and the specific contention as stated in the brief is that “the intent is the gist of the offense and the information fails to charge the intent with certainty.” So much of the information as is necessary to be set out for a proper consideration of this question is as follows: “that Bessie Ormond, laborer, late of the County of Dade, and State of Florida, on the 13th day of April, in the year of our Lord one thousand nine hundred and twenty, in the County and State aforesaid, unlawfully and from a premeditated design to effect the death of one Eliza Bragg, with a certain deadly weapon, to-wit, an open razor, which she, the said Bessie Ormond then and there had and held, in and upon the said Eliza Bragg, an assault did make, and did then and there cut, stab and wound the said Eliza Bragg, unlawfully feloniously and from a premediated' design to effect the death of her the said Eliza Bragg, whereby and by force of the statute,” etc.
Affirmed.
Reference
- Full Case Name
- Bessie Ormond, in Error v. The State of Florida, in Error
- Status
- Published
- Syllabus
- An indictment for the offense of assault with intent to commit murder, which alleges that the assault was made “unlawfully and from a premeditated design to affect the 'death” of the person assaulted, sufficiently alleges the statutory “intent” to. commit the felony of murder.