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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLVII. CRIMINAL PROCEDURE AND CORRECTIONS |
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CHAPTER 923. FORM OF INDICTMENT AND OTHER FORMS |
- 1(1) 2The 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:49(a) 50As to first degree murder:
55In the name and by the authority of the State of Florida: The Grand Jurors of the County of 74charge that A. B. unlawfully and from a premeditated design to effect the death of 89(or while robbing the house of 95as the case may be) did murder 102in 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).
146(b) 147As to second degree murder:152Unlawfully 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 183(or by striking 186with an adz, as the case may be) but without a premeditated design to effect the death of any particular person, did kill 209in said county.
212(c) 213As to third degree murder:218Unlawfully, and while feloniously stealing cattle (or timber, or while feloniously assaulting 230as the case may be), but without any design to effect death, did kill 244in 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).
278(d) 279As to manslaughter:282Unlawfully 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 322in 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).
358(e) 359As to perjury:362In the hearing of a cause in the 370court of 372County, Florida, in which 376and others were plaintiffs and 381others 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 412then and there knowing that she or he swore falsely.
422(2) 423An 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:452Personally appeared before me 456(official title of state attorney) 461who, 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.
498The affidavit shall be made by the state attorney before some person qualified to administer an oath.
