Alvarez v. State

Citations

• 41 Fla. 532

Syllabus

<p>1. Counsel for tlie prosecution in a criminal case are not bound to introduce all the witnesses whose names are endorsed upon the indictment and who are shown by the State’s evidence to have witnessed the commission of the offence.</p> <p>2. A general assignment of error alleging error in giving or in refusing to give a number of instructions asserting separate and distinct propositions of law, will be overruled if any one of the instructions so embraced in such assignment be found in the one case to have been properly given and in the other properly refused.</p> <p>3- An instruction in a criminal case which puts the burden upon the State of negativing beyond a reasonable doubt defensive matter, the burden of affirmatively showing which is upon the ( defendant; and that too, whether he affirmatively establishes such matter by proof or not, is properly refused. '</p> <p>4. Though the danger need not be actual, nor the necessity to kill real, to justify a homicide in self-defense, yet the circumstances surrounding and as they appear to the slayer at the time he does take life must be such as would induce a reasonably cautious man to believe that the danger was actual and the necessity real, in order that the slayer may be justified in acting upon his own belief to that effect.</p> <p>5. Evidence examined and found sufficient to support the verdict for murder in the second degree.</p>