Brown v. State

Citations

• 42 Fla. 184

Syllabus

<p>1. 'Motions in arrest of judgment and rulings thereon are parts of the record proper, and an appellate court will not review a ruling upon such motion when the motion and ruling are evidenced to it only by bill of exceptions.</p> <p>2. Where an indictment wholly fails to state a criminal charge against a defendant; he may take advantage of such fatal defect primarily in an appellate court.</p> <p>3. An indictment alleging that in a certain county and on a certain ^ day I. B. and O. G., “being and knowing,themselves to be persons forbidden to intermarry by reason that the said I. B. was the father of the said O. G., did then and there unlawfully, feloniously and incestuously have carnal knowledge each of the body of the other, contrary,” etc., charges an offence under Section 2601, Rey. Stats.</p> <p>4. ’Under the general exception to the court’s refusal to give several instructions asserting distinct propositions of law, an appellate court will examine no further than to ascertain that one of such instructions was properly refused.</p> <p>3. An accomplice is a competent witness, and a conviction may be had upon his uncorroborated testimony if it satisfies the jury of- the defendant’s- guilt beyond a reasonable doubt; and these rules apply to prosecutions under Section 2601, Rev. Stats., as well as to other prosecutions for criminal offences.</p> <p>6 The crime denounced by Section 2601, Rev. Stats., can be committed by a father with his illegitimate daughter, and the admissions of one charged with the offence prescribed by this section are competent evidence of the relationship alleged to exist between him and the person with whom the offence is alleged to have been committed, and such admissions, if believed to be true by the jury, are sufficient evidence of relationship to sustain a finding as to that fact.</p> <p>7. Evidence examined and found sufficient to support the verdict.</p>