Boykin v. State

Citations

• 40 Fla. 484

Syllabus

<p>Criminal Law — Trespass on Land-Tax Receipts as Evidence of Payment — Proof of Handwriting Not Necessary to Admit Letters Received in Reply — Evidence Erroneously Admitted 'is Plarmless if Fact it Proves is Admitted to be True — Discharging Accused Before Verdict for Want of Evidence — Party .Complaining of Errors Must Make Them Apparent — Claim of Title to Lands Tresspassed Upon, When a Defense.</p> <p>1. While an official tax receipt is strong evidence of the fact of payment of taxes, yet it is not the exclusive method of proving such payment, but such payment may exist as a fact, and may be established orally whether an official receipt be in existence to evidence it or not.</p> <p>a. The rule is that where a letter is addressed to á party at his postoffice address and is sent by mail, and a reply thereto, purporting to be from the party to whom it is sent is received by the sender of the letter in due course of mail, such reply letter is admissible in evidence without proof that it is in the handwriting of, or signed by, the party purporting to have sent it-</p> <p>3. Where evidence is erroneously admitted to prove a fact that is conceded or admitted on the trial to be true, the error in admitting improper evidence to prove such conceded facts is harmless-</p> <p>4. -There is no law or rule, of practice that will permit a trial judge on the motion of the acchsed in a criminal case, to take such case from the jury in the midst of its trial and grant a peremptory discharge of the accused from custody before a verdict is rendered, on the ground that no evidence has been adduced to connect him with the crime.</p> <p>5. It is the duty of a party appealing to an appellate court to make the errors apparent of which he complains; and where in the examination of witnesses on the trial, any of his questions have been excluded on objection, and such questions do not in and of themselves indicate whether the answers thereto will be material or pertinent evidence or not,