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61 Fla. 59

Sallas v. State

Supreme Court of Florida

Decided January 15, 1911

Supreme Court of Florida · decided 1911-01-15

This case was decided by Division A. Writ of Error to the Criminal Court of Eecord for Walton County. The facts in the case are stated in the opinion of the court.

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Decided 1911-01-15

How this case has been cited

Cited by 3 later decisions — most recently September 1939

3 state decisions

10191119201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The plaintiff in error was convicted of manslaughter in the Criminal Court of Eecord for Walton County. Among the errors assigned here is on the denial of a motion to quash the information. In support of this assignment it is merely stated that the information appears inartificially drawn, and does not clearly set'up the offense it attempts to describe. This perhaps does not rescue the assignment from the status of abandonment, but the information has been examined and while *60it may be inartificially drawn, it does sufficiently charge the offense of murder in the second degree which includes manslaughter.

¶2On the showing made that the desired absent witness was out of the State, there does not appear to have been an abuse of discretion in denying a postponement and continuance.

¶3A charge refused was fully covered by charges given. There may have been several technical errors in rulings on the admission of evidence, but the defendant’s own testimony and that of other witnesses clearly established guilt of the offense charged, and the errors complained of are not vital or of such nature as to cause a reversal of a judgment that accords with the law, the charge and the evidence.

¶4The judgment is affirmed.

Whitfield, C. J., and Shackleford, and Cockrell, J. J., concur;Taylor, Hocker and Parkhill, J. J., concur in the opinion.
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