Thomas B. Owens v. State Florida

WHITFIELD, J. -- An indictment in two counts charged that (1) Thomas B. Owens did by shooting ""unlawfully kill one William E. Wester, a human being, from and with a premeditated design to effect the death of the said William E. Wester;"" and that (2) Owens did ""unlawfully kill one William E. Wester, a human being, by then and there unlawfully and from with a premeditated design to effect the death of one A. J. McMillan, Jr., a human being, shooting the said William E. Wester, under the belief at the time of such shooting that the said William E. Wester was then and there the said A. J. McMillan, Jr."" The defendant was found guilty of murder in the second degree on the second count, and took writ of error.