The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-02-21

va --ttpt-N- 7@r-N'@% %~--Sts N'41srl
for The State
p. NJ. Oliver. Appellant. IS. p 6; SnoWden and
J. W Turner, Sheriff Appellers-Alachn
county.
RANDALL. C. J.
l. A homestead Of q person phO Is the bead
Of family residing in this State. within The
meaning at the exemption clauses 81 he c0nsli-
tuition and the statutes i the place Of sexual res
dence Of The party aud his family
, 4 party residing IN an incorporated t0Enm
city with his family, and o. ming laid seVenl
miles IRON the town, canDOt claim tie lailer e
exempt from forced sale As a honesleAd. II hAE-
ing never been occupied By him as a residence
Filing drclzrslion clam of bomesieAd
under The law Of 1859. does nat exempt he
properly So ,laimed, unless Il b. actually 0cca-
pied a home.
Deere affirmed
Taylor 4 Sanchez. Counsel Tor Appellant;
Thomas f. King, Counsel for Appele-s-
WiIlsm II. T., Plaintiff in Errur, vs. The SlAts
OF Florida sz re-. D. C., DelencznI IN Error
Madison County.
YANNAIKESBURGH. J.:
l. A molisn for new trial all not be enieE-
tanned al d term subsequent 10 Ike one al whCh
cause was tried and verdict rendered In oF-
der io obtain n new trial en- such motion, TIC
statute must be complied with. (HcClellAn's D.
gesi 453l
, An affidavit made by the complainant in q
Cas-. OF bs1sIzrdy alleging that abe Is a single
woman. has been delivered of 1hild which ~
law IS held u bastard, and that The person
Charged Is the father. IS suf5cSent under The
statute u authorize issuing OF Re process pro
videi thereby Il IS not Necessary 10 allegs
that she was q single woman Driar 10 such delIE-
cry that j. a matter Tor pruof upon the trial
3. II Is not Necessary 10 arTaisn the defendant
on the trial He answers lo the complaint IN
Tie Cifcuii COurI. and fran Ihence the proceed-
ings are conducted ss in civil Actions Prnsecu-
ii"ns under This statute parfake partly OF a crIm
inal and partly o. civil character In getting
into the Circuit Cur. II ParIzkes IN form Il Tie
criminal, when there II Is a civil eciiOn- II EE
not DIES gned TO punish the accused f0r crime,
but to make him contribute 10 the support Of the
Guild.
Judgment afirrw@a.
w X BOYD, and r W Pope. Counsel for
Plaintiff Errer, Attorney General R4ney,
Counsel for the Stale
Whey Stevens, Plaintiff in Errur- vs. The State
Of Florida. Defendant IN Error - Madison
County
NASN ALKESBUR6H, J.
l. All indictments upon statutes must state
the circumstances which cOlstiiu-e the denim
lion 81 The OffrLce in the act. IS 70 bring he
defendant precisely within Il, and e'.Deinslen
contrary TO the fern Of the statue" &c, viii
mol ard defect IN this respect
, " here an Indictment, found under stzi-
Ute, omIs material allegation 81 fhat. - hich 1y
such act constitutes the gist 81 the o1rnce, and
which makes IL punishable BY Imprisonment, 4
l. tad, and the judgment ILereuPcn wlll be A.
rested.
judgment HTreSied-
J. " Stripping. Counsel f,sr PIaiEiiff IN Error;
Attorney General, Counsel Tor the Stale
Lewis Wood. Plaintiff in Error. vs. The State a
Flurida, Defendant in Errur - Columbia
County.
NASNALKESBCRGH, J.
l. An indictment E1und under Session l2, SUB
chapter 4, Chapter 1887, Laws 1855. charging
that the accused. IN the night tine, broke and
entered. &C. with intent 20 steal property 81 ne
value OF SIX dollars. Is bad IN that The breaking
and entering was with intent Vt Committing
misieD ansF and not a felony.
Such indictment, Ia b. good. sb0uld charge,
not only that the intent was 10 commit . irionys
bur that the breaking and entry wss mo
building. ship vessel" A cOgE CRIB a Dol
necessarily tiIhsr building, ship or vessel
Judgment arrested
B. B. Blackwell, Counsel for Plainiid IN Error
Attorney Geaeral. Counsel ior the State