Bynum v. State

Citations

• 46 Fla. 142

Syllabus

<p>1. Motions for continuance in criminal cases because of the absence of an alleged material witness are to be closely scanned, and where the affidavit in support of such a motion fails to show proper diligence in attempting to procure the presence of the witness and does not allege the witness to be absent without the consent of the accused, the action of the trial court in denying such motion will not be reversed.</p> <p>2. The father of one whose age is a material fact in a criminal prosecution, who knows her age independently of any record thereof, may be permitted to testify to her age, even though he had written the date in the family Bible, which is not produced in evidence.</p> <p>3. Objections to charges, not taken at the time the charges were given, nor embraced in the motion for a new trial will not be considered.</p> <p>4. In the absence of a request for a proper instruction defining the phrase reasonable doubt, the failure of the court to define these words is not error.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>