Bennett v. State

Citations

• 68 Fla. 494
• 67 So. 125

Syllabus

<p>1. Where there are assignments of error iu a criminal case which are not argued, but merely repeated and insisted upon in the brief of plaintiff in error, an appellate court is not required to do more than read the record carefully iu connection with such assignments, and if it discovers no plain or glaring error prejudicial to the plaintiff in error, under such assignments, the judgment will not be reversed because of such assigned errors.</p> <p>2. A statement voluntarily made by one prior to his arrest concerning a hand bag for the larceny of which he was subsequently tried, is admissible in evidence against him.</p> <p>3. The purpose of Section 1 of Chapter 5S97, of the Laws of Florida, Acts of 1909, page 45, is to permit the introduction in evidence of a bill of exceptions containing evidence adduced at a former trial, when certain evidence given at such former trial cannot be had. Such statute does not affect the rule that permits of the introduction of testimony as to confessions or admissions against interest, whether made in court or extra-judicial.</p> <p>4. A defendant in a criminal case is not entitled as of right to an instruction to the jury to return a verdict of not guilty.</p>