Anthony v. State

Citations

• 44 Fla. 1

Syllabus

<p>1. A question as to the admissibility of evidence can not propeily be raised by an assignment of erior that the verdict is contrary to law.</p> <p>2. Under an information charging defendant with receiving stolen property, acts and declarations of the thief made at the time of. and in connection with, and tending to prove the larceny, are admissible.</p> <p>3. An objection made to evidence as a whole, part of which is competent, is properly overruled.</p> <p>4. It is within the discretion of the .trial court to permit leading questions, and the exercise of that discretion is not reviewable on writ of error.</p> <p>5. A trial court should not permit the introduction of evidence of a defendant’s confession until sufficient proof of the corpus dalicti is first given, but if the confession be admitted without such proof, and additional evidence upon the subject is afterwards introduced, independent of the confession, which would have justified the admission of such confession, the error in prematurely admitting it will be cured.</p> <p>6. The statement of a co-defendant made subsequent to an alleged offense is admissible in evidence against a defendant on trial, where it is shown that the statement was made in his presence and expressly assented to by him</p> <p>7. On the trial of a person charged with receiving stolen property, testimony on the part of the State tending to prove an arrangement or plan made between the alleged thief and the defendant whereby the thief was to steal and the defendant was to receive from him a certain kind of property, as the defendant should need it, is admissible, where the testimony tends to show that the particular property charged in the indictment was received by defendant in pursuance of such arrangement or plan.</p> <p>8. After a criminal case has been closed on both sides, and the argument of counsel' is being made, it is within the sound discretion of the trial court to permit the State to introduce additional evidence in furth