95 Fla. 391
116 So 78
Decided March 1, 1828
Supreme Court of Florida · decided 1828-03-01
Relies on Smithie v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1828-03-01
Cited by 4 later decisions — most recently December 1958
4 state decisions
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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¶1 Upon an indictment charging murder in the first degree, the defendant was found guilty of murder in the first degree with a recommendation to mercy. Un *392 der the statute a sentence to life imprisonment was imposed.
¶2 On writ of error it is considered that the evidence is insufficient to show the premeditated design to effect death that is essential to a conviction of murder in the first degree, therefore, the judgment is erroneous. See Smither v. State, 84 Fla. 498, 94 So. Rep. 156.