Alford v. State

Citations

• 47 Fla. 1

Syllabus

<p>1. Whether testimony as to the character of a witness for truth and veracity is, or is not too remote to be competent evidence is to be determined by the trial judge in the exercise of a reasonable discretion.</p> <p>2. Where a witness for the State was of somewhat nomadic habits of life, and the defendant introduced witnesses to show the bad reputation of the State witness for truth and veracity, and the defendant’s witnesses show a reasonable acquaintance with the reputation of such State witness for a number of years before and up to the time of the trial by having lived a part of the time in the vicinity of such State witness, and having visited other neighborhoods in which he has lived, and there heard his reputation for truth and veracity discussed by persons living in such neighborhoods, such impeaching, testimony on the part of the defendant, is competent.</p> <p>3. Before a defendant can introduce testimony to impeach a State witness, by showing that such witness had made statements inconsistent with or contradictory of his testimony, a proper predicate for such impeaching testimony must be laid; but where the purpose is to show the animus of a State witness towards a defendant, — that is to say, the bias or hostility of such State witness, his interest in the cause or his motives,— it is not essential that a predicate should be laid, in order that testimony may be introduced as to such bias, hostility, interest or motives.</p> <p>4. Where a State witness shows that he had had a reasonable opportunity to become acquainted with the tracks, or footprints of the defendant, it is competent for such witness to testify that in his opinion certain tracks or footprints which he saw near the scene of the alleged crime immediately after it occurred, were those of the defendant, because the matter of such testimony can not otherwise be reproduced or made palpable to the jury.</p> <p>5. The opinion of a State witness that a person seen by her near the scene of the c