Bunkley v. State

Supreme Court of Florida

Bunkley v. State

116 So. 78, 95 Fla. 391

DecidedMarch 1, 1828

StatusPublished

This text of 116 So. 78 (Bunkley v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bunkley v. State, 116 So. 78, 95 Fla. 391 (Fla. 1828).

Pincite

Opinion

Per Curiam.

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.

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.

Ellis, C. J., and Whitfield, Terrell and Brown, J. J., concur. Strum, J., absent on account of illness. Buford, J., dissents.

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Per Curiam.

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.

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.

Ellis, C. J., and Whitfield, Terrell and Brown, J. J., concur. Strum, J., absent on account of illness. Buford, J., dissents.

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Bluebook (online)

116 So. 78, 95 Fla. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunkley-v-state-fla-1828.

Opinion

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