Caldwell v. State

Citations

• 50 Fla. 4

Syllabus

<p>1. In order for this court to review testimony on the ground that it was erroneously admitted in evidence, and such testimony was given in answer to a proper question or in narrative form, or if given in answer to a question and being as an answer in its entirety, or as a portion of it, not responsive to such question, the record should show that there was a motion in the trial court to strike out such testimony and if overruled that there was an exception to such ruling, or that an instruction was asked and refused directing the jury to disregard such testimony, with an exception to such ruling.</p> <p>2. This court must assume that a question propounded to & witness was proper until the contrary is made (to appear by a statement of the question in the record and by proper objection thereto and exception to an unfavorable ruling thereon.</p> <p>3. The defense of an alibi to be available must cover the whole •time when the presence of the defendant was required to accomplish the crime, and is sufficient to acquit if it raises a reasonable doubt in the minds of the jury whether or not the defendant was present when the crime was committed, but when the proof of an alibi depends upon the credibility of the witnesses and the weight of evidence, the jury are the sole judges whether the evidence raises such reasonable doubt.</p> <p>4. The law in this State is settled that a jury may convict a defendant upon the uncorroborated testimony of an accomplice.</p> <p>5. Where there is evidence to support a verdict and its propriety depends on the credibility of witnesses, the appellate court can not interfere.</p>