Fla. Stat. § 923.03

Current through the 2024 Legislative Session

Section 923.03 - Indictment and information

(1) The following forms of indictment and information, in all cases to which they are applicable, shall be deemed sufficient, as a charge of the offense to which they relate as defined by the laws of this state, and analogous forms may be used in all other cases:

(a) As to first degree murder:

In the name and by the authority of the State of Florida: The Grand Jurors of the County of charge that A. B. unlawfully and from a premeditated design to effect the death of (or while robbing the house of as the case may be) did murder in said county, by shooting her or him with a gun or pistol (or by striking her or him with a club-or by giving her or him poison to drink-or by pushing her or him into the water whereby she or he was drowned).

(b) As to second degree murder:

Unlawfully by an act imminently dangerous to another, and evincing a depraved mind, regardless of human life; that is to say, by firing her or his shotgun into the store of (or by striking with an adz, as the case may be) but without a premeditated design to effect the death of any particular person, did kill in said county.

(c) As to third degree murder:

Unlawfully, and while feloniously stealing cattle (or timber, or while feloniously assaulting as the case may be), but without any design to effect death, did kill in said county, by sinking her or his boat (or by running over her or him with an automobile-or by shooting her or him with a gun or pistol, as the case may be).

(d) As to manslaughter:

Unlawfully and by culpable negligence, in driving an automobile (or firing a boiler-or by performing a surgical operation) or (in the heat of passion-omitting in this latter case the allegation of culpable negligence), but without intent to murder, did kill in said county, by running over her or him with said automobile (or by causing said boiler to explode-or by infecting her or him with a deadly infection-or by striking her or him with a hammer).

(e) As to perjury:

In the hearing of a cause in the court of County, Florida, in which and others were plaintiffs and others were defendants, after being duly sworn to speak the truth, falsely swore, etc. (stating the substance of the false testimony), such matter being material in said cause, and the said then and there knowing that she or he swore falsely.

(2) An information shall be in the same form and signed by the state attorney who shall also append thereto the oath of the state attorney to the effect following:

Personally appeared before me (official title of state attorney) who, being first duly sworn, says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and which, if true, would constitute the offense therein charged.

The affidavit shall be made by the state attorney before some person qualified to administer an oath.

Fla. Stat. § 923.03

s. 279(1-2), ch. 19554, 1939; CGL 1940 Supp. 8663(289); s. 38, ch. 73-334; s.1553, ch. 97-102.