The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-08-06

was in danger of great bodily injury, such hom-
eide is iustifiabe although it may turn out that
the deceased had no intention al me TIME 10 eX-
ecute his threats The party threatened is 10
iudge from the circumstances by which he is
surrounded and as they appear 10 nm; but when
man acts upon appearances ana takes the
life of his fellow man, he does 1t at his peril and
he cannot Justify such killing unless there are
circumstances which would induce reasonably
cautious man to believe that it was necessary 10
save his own life or to save himself from great
personal injury
4. When a man has been threatened he NAV
go wherever his legitimate business calls him.
but he has not the right 10 lie IN wait for and
Stay his adversary, and II he does so, II is muir
der in the first degree.
5. Where the court gives an erroneous charge
which is favorable to the accused, such charge
is no ground for reversal.
g. Where counsel make improper statements
to the jury it is the duty OF the opposite party
to call the matter to the attention of the court
and when Ills is done it is the duty of the court
to rule upon it but where the objection was
not insisted upon and no ruling had the appel
late court cannot consider It,
z The record of Judgment in a criminal case
contains this entry: "ThercupOn came jury
to-wit (namng them) twelve good and law full
men, who were duly elected and sworn to well and
truly Try and true deverance make between the
State of Florida and the prisoner at the bar ~
Held, That is sufficient to show that the jury
were properly sworn in accordance with the
statute to "we and truly try, and true deliver
ance make" between the State of Florida and
the defendant, according to the evidence.
Judgment affirmed.
J. w. Couch for Plaintiff in Error; William
B. Lamar Attorney General, for Defendant in
Error.
Catherine S Hart, Executrx of O. B. Hart,
deceased Napoleon B BrOward Sheriff. Adj
mnstrator of the estate of Paran Moody de-
ceased and Abel S. Baldwin, Appellants, VS..
Thomas f. Strlbing and Mary f Strbing,
his wife, ppellees-Petiten tor rehearng
MAXWELL, j.:
When question presented by petition for
rehealing has been considered and adiudicated
by the court, there is no such omission or mis-
take furnishes ground for rehealing and
in this case the question OF the liability Of certain
suretes being held not To have been determined
on a former appeal III such way as 10 settle the
question the law % the case, rchtaring WiIl
not be granted on The ground of alleged error in
the decision OF that point.
RehearGg denied
Iartri'! ge K Yo1nG for Petitioners.
John G Ru-e, Ape lsnt V. Apt'ach;col4 Oys-
ter Canning AMI Fi>h Company Ct a., Ap.
pe"ccs-Flthk. County,
MAXWELL, J
l. y prcmnnr irjmcfion Should no' be
granted on 4 bin -worn to "a Information ana
bpHcf and inaceompanicl hv ntfiGayit ii the
facts from iht~pri-o, nom wnom the iliforina-
tion ans beici ". derived: an III. admission
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t,,lal .,cf ..ll,.o,.' 4. ,. Ii j.,.- ln, t,lr I4
detect when .ih,,,. a,q,r.,,rn. ,cr.al lrt~ ,.naa-
nlittcf avid aI.vcf.n.I
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