Carlton v. State

Citations

• 63 Fla. 1

Syllabus

<p>1. - Threats made against the deceased by two of the three persons indicted for his murder on the night before the homicide, not made in the presence of the third party, are admissible in evidence against the two who made them, as tending to show their animus against the deceased, and the third person indicted is not injured by such evidence when the court instructs the jury that such threats are not evidence against such third party.</p> <p>2. No error is committed in refusing to permit a party charged wich an unlawful homicide to prove that he voluntarily surrendered to the officer,- when the State had not undertaken ■ to show that he evaded arrest.</p> <p>3. The question whether the title to an act was broad enough to cover some of its Sections is of no moment, when the sections of said act were subsequently embodied in the General Statutes of 1906.</p> <p>4. Section 3262, General Statutes of 1906, is not unconstitutional because it excepts sheriffs and other police officers from its operation, as said exception or classification is based on a public necessity, and is not in conflict with any specific provision of the constitution.</p> <p>5. The statutes against carrying concealed weapons have no-connection with- Sec. 20, of the Bill of Rights, which preserves “to the people the right to hear arms in defense of themselves and the lawful authority of the State.”</p> <p>6. Since the adoption of Sections 3262 and 3263 of the General Statutes of 1906, the carrying of concealed weapons is a breach of the peace which authorizes an arrest by an officer without warrant; and Sec. 3929 is broader and gives an officer authority to arrest without warrant any one who in the presence of such officer violates any of the penal laws of this State, or of any municipality, and makes it the duty of such officer to arrest without warrant and take into custody any person whom, such officer has reasonable ground to believe, and does believe, has committed any felony, or whom he find