Boyd v. State

Citations

• 33 Fla. 316

Syllabus

<p>1. The question of the unconstitutionality of a statute will not be considered at the instance of one whose rights are not shown to be affected by the statute. The principle applied as to the provision \\bf Section 3, Chapter 4120, acts of 1893, denying compensation and mileage to defendant’s witnesses in criminal cases.</p> <p>2. An affidavit for a continuance that does not state the facts to be testified to by the absent witness, but gives, in effect, only the opinion of. the witness as to the guilt of the accused, is in-sufficient.</p> <p>3. Where there is no abuse of a sound discretion by the trial court in refusing a continuance, its action should not be disturbed.</p> <p>4. It is proper to refuse to instruct a jury that if anyone of them entertained a rea: onable doubt of the guilt of the accused it would be the duty of the jury to acquit.</p>