Carr v. State

Citations

• 45 Fla. 11

Syllabus

<p>CRIMINAL LAW — APPELLATE PRACTICE, ERRORS ASSIGNED MUST APPEAR IN RECORD — EXCEPTIONS TO , REFUSALS TO CHARGE — ACTS IN AVOIDANCE OF PROSECUTION AS EVIDENCE.</p> <p>1. Where errors are assigned upon matters that do not appear in the transcript of the record, they can not he considered by an appellate court.</p> <p>2. On a trial for murder in the first degree, where there is no evidence whatever even tending to make out the crime of murder in. the third degree as defined by our statute, it is not error for the court to charge the jury to the effect that “there is no evidence before you authorizing a conviction for murder in, the.third degree.”</p> <p>3. Error can not he assigned of the .judge’s failure to charge upon any question of law unless the party desiring it shall'have requested charges thereon.</p> <p>4. Under the provisions of section 1092 Revised Statutes only such charges as were actually given can be excepted to through the medium of a motion for new trial. Refusals to give requested instructions can not be excepted to in this manner, but such exceptions to such refusals must be taken and noted at the time of such refusals, otherwise they can not be considered on writ of error.</p> <p>5. When a party suspected of crime in any manner endeavors to evade or escape a threatened prosecution, by flight, concealment, resistence to a lawful arrest, or other es. post facto indication oí a desire to evade prosecution, such fact may be shown in evidence as one of a series of circumstances from which guilt may be inferred.</p>