The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-04-08
HEAD-NOTES TO DECISIONS OF THE
SUPREME COURT OF FLORIDA.
January Term. A. d. 1884.

William Blige Plaintiff in Error, vs. The State
; Of Florida, Defendant in Iillshorough
county.
s. AM ALKENBURGH, }
!, l. An application for the continuance of a
cause Is addte>sed to The sound discretion OF Il e
court. ana ordinarily such discretion will not lie
. ipIcr rrtd with by the appellate court. But
whore tie court can that The rights of ihc
parry NAV have been jeoparded and the ri e
~ regard 10 The Application has been fully com
;,iIed with, and there has been no previous de-
la, ANA especially when the application is made
on the very day OF The finding of the Indictment
tins c,ur; will control such discretion
On he Trial OF IA prisoner for an ssault with
, Il deadly weapon with prcm"dt4cd design 10
-it-ct The death % The person assaulted it is not
uiiicieu tor the court 10 charge the urv that
" t.c assault mnsi have been made with dan
= i"lS or 'cadiy Weapon The question "i
pom -'ii'a'i"n i al" ttct for The jury /" find,
AMI ih'y should hr satisfied Of such tcl by the
evidence. b'-> ond d reasonable doubt
, 10 enable this court 10 determine thai there
error in he refusal OF the courl below TO
Charge The Jury upon the law, with reference To
proof made on thr tiial, upon which refusal So to
c!lhrge the alleged errors are based such evidence
st"!ii h. brought mere in the bin nt exceptions
in order 10 inform tniS cout as 10 ;he nppica-
hiltv o: he rcqnrsl To the facts proved
In n' ct>r, civil or criminal will An appel
az 'f'hli lHHhlBt IIt>ullIptOnS HuNtI>F 10 me
correctness of the rulings of The court below
TIN prc>ampli"n> Whch are INDUCED in al" in
suN'ruri "t The Judgment of the court.
> " irn either me States Attorney or tn" n
t"lnrv t"i ,ict.-nlAnt. in cases provided for bv
Chapter 3096 Laws. desire the court t.. char.e
the Jury III Writing, request 10 that effect must
1c mad" IN writing before the evidence is closed
The party cannot subsequently except to the oral
charge, unless he has complied with The law in
that respect.
y weapon may be deadly weapon al
though no especially designated for offensive or
defensive purposes, or for the destruction of lii
or The lnfilcllpn ot injury.
Judgment reversed and new tIitl awarded
j. b Wall, for Plaintiff in Error; Attorney
General Tor Defendant in Error
Frank Bra Hey, Plaintiff in Error, vs. The State
of Fio:ria. Defendant IN Error - Duval
cnun'y
NANNALKENBURGH. j.:
l. An indiclmrn, under SUI Chapter 4, section
80 of Chapter 1851, Laws OF 1863, charging that
the Gri.n'an " i;.l"liously did buy receive and
have. and dill then and th'ie aid IN ihr conceal
m"nt "l certain stolen pr"pcItv"l. e.. knowing
the said progeny Ia have been t,l"tIino> stolen,
&c, j. prDti, he words and have" being mere.
snrplosa.r, and u"' liable ~ n~l,A Mr. dei'n,l-
ant.
= WE"D >istrlc makes u"r IT ~" nr
more >'lu'l at : y,1,nr'..l M,th ,!l.s ,nc ar,-
cral off nee, ana >.tcr :"l,'. SAT, !, ,nl- nrut
ind bc ~ disii"c. crimes fiol may, " ht.. com
united 10y he sane person n. jht iinr li!nr, -.
coupled IN one count aud constitute in ore i
fence.
B. The Indictment in src: a cr>r migh: be
either for ihr hlying The IcCciNirg ~ lhr aid
ing in The r0nCealmrn oi the sinl u nroprt,v
hut where il combines all these "tf,crs in one
count, il is 5u' offence and he pnni,hmra is
no greater than when but single charge, AZ Of
hnVlnE, is made and established
judgment affirmed
T. a Mcdonnell, for Plaintiff in Error Attor-
ncy-Grneral, Tor Defendant in Error
Thaddeus Street, ct al, Appellants. vs. Mary
! ). Benncr, ct al, Respondents N"Ii,sia county
RANDALL, c. j.
!. A decree in partition appointing commits
slOners AMI directing them to ascertain the inter.
ests OF the parties, and tn make partition acrOrd-
ingly is irregular. The court should ascertain
and atijudicate the several interests of complan-
ants and defendants. and direct the commissions
ers TO make the division accOrdingly
9 A decree OF partition should not be made
until the defendants shall have answered or "A
decree pr0 confess0 is entered as 10 those who
| have been summoned by subpoena or by publ
cation.
B. A court OF equity is not the proper tribunal
i for try ing the legal title 10 lands but by HE
statutes Of this State regulating proceedings in
partition, where the bill shows the court has iu-
risdiclion, and the compliments title is pu, in
issue by The defendants pleadings the court Is
authorized to "asccrtain and adudcaie the
rights and interests of the parties" and decree
a partition if it shall appear that the parties
are entitled to the same" without requiring the
legal title to he first tried in court of law.
Decree reversed.
G. p & J. G.. Cooper, for Appellants: r. b &
j. w. Archibald, for RESPONDENTS