The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-04-09

chasms, bitches, etc., held to be "6rsdges,"
the wilful and malicious burning OF which
are prohibited by section A, page 858, Nc
Olellan's Digest.
Judgment affirmed.
A. j. Henry, for plaintiff in error; Will
liam B. Lamar. attorney-genera!, for the
state.
Caesar Hunter, Plaintiff in Error, vs.. The
State of Florida, Defendant in Error
Duval county.
TAYLOR, j.:
ASSAULT WITH INTENT TO RAPE-1NTENT
GRAvAMEN OF CHARGE-EvIDENCE.
l. The gravamen of the offense in an in
dictment charging an assault with intent
to rape is the intent with which the assa ult
was made; and this question of intent,
throughout the instructions OF the conrt,
should be kept prominently before the
minds of the jury as being the main sub
ject of their inquiry and if there be q rea-
sonable doubt as TO the intent, such doubt
necessitates an acquittal.
2. The intent in such cases must be
shown by the state to have 80 possessed
the accused that his determination was to
consummate the rape regardless of resist
ance and want of consent.
3. The manner, time, place, surround
lngs and circumstances under which such
an assault is made, and the want of oppor-
tunity to consummate the crime, are sub
jects of material consideration upon the
question OF intent.
4. The jury being the sole and exclusive
judges Of the weight and credibility to be
given to any and all evidence, have the
right to disbelieve the evidence of an inter-
ested witness solely on the ground of inter
est.
Judgment reversed.
John Wallace. for plaintiff in error;
William B. Lamar, attorney general, for
the state.
William Goodson, Plaintiff in Error, vs.
The State of Florida, Defendant in
Error-Washington county.
TAYLOR, j.:
UTTERIN0 FORGED INsTRUMENT-FALsE
PERsONATION - -INDICTMET-PREsENTA
TIoN IN OPEN COURT.
1. An indictment charging the utterance
should state the name of the person, firm,
corporation or company to or upon v HON
the same was uttered, published or passed:
or else 1t should account for the omission
by q statement in the indictment that such
person, ETC., is to the jurors unknown; il it
fails to do either it is fatally defective.
2. An indictment charging the procure
ment of property by falsely personating
another, under section Al, page 364, Nc.
Clellan's Digest. should allege that the
property fraudulentiy obtained by the de-
fendant was intended by the party from
whom he got it to be delivered to the party
alleged to have been falsely personated;
and should further allege that the defen-
dant received the property with intent to
convert the same to his own use. If either
or both of these material averments are
omitted from such an indictment, it ie
fatally defective.
3. The only recognized manner in which
the findings of grand jury can be author
itatively presented is in open court; and
| such presentment should be af1rmatively
shown by record entry in the minutes ol
the court, or else by the file endorsement
on the Indictment itself by the clerk of the
| court, showing that it was presented by
the grand jury and filed in open court
The record entry in the minutes ia, how
ever, the best and proper evidence of the
fact Where there is no evidence of such
open court presentment, a plea in abate-
ment predicated upon such omission
| should be sustained.
Judgment reversed.
| W. o. Butler, for plaintiff in error; Will
liam B. Lamar, attorney general, Tor thu
state.