Bailey v. State

Citations

• 76 Fla. 213
• 79 So. 730

Syllabus

<p>1 The jury are the sole judges of the credibility of the witnesses and the weight of the evidence, but not of its sufficiency, and where the testimony shows that the prosecutrix made little or no resistance and made no outcry it fails to show that the offense was committed by force and against her will.</p> <p>2. The introduction in evidence before the Jury, of the affidavit filed with an insolvent prisoner’s praecipe for witnesses, over the objection of the defendant, is reversible error.</p> <p>3. All persons on trial are entitled to equal protection oí the law. An insolvent defendant has to make affidavit to what he expects to prove by his witnesses in order that they may be subpoenaed. One who is able to pay for his subpoenas does not have to do this, and to permit the affidavit made by the insolvent defendant to he introduced in evidence against him, is not according to him the equal portection of the law that is accorded a solvent defendant.</p>