Browning v. State

Citations

• 41 Fla. 271

Syllabus

<p>Criminal Law — When Appellate Court Will Reverse on the Evidence — Appellate Practice — Evidence on Motions Must be Exhibited by Bill of Exceptions.</p> <p>1. An appellate court will not set aside a verdict as being against the evidence where there is any evidence to support it, unless it may well be assumed that the jury were improperly influenced by considerations outside of the evidence; and a verdict will not ordinarily be set aside by such court where its propriety depends entirely upon the credibility of conflicting witnesses.</p> <p>2. Evidence used or presented in support of a motion for new trial must be exhibited to an appellate court in and by a bill of exceptions, otherwise such court can not consider it.</p>