Carter v. State

Citations

• 68 Fla. 143

Syllabus

<p>1. In a prosecution for carnal intercourse with an unmarried female, who was at the time of* such intercourse under the age of eighteen years, no error is committed in permitting such prosecuting witness to testify, over the objection interposed by the defendant, as soon as such witness had taken the witness-stand and before any questions had been propounded to her, upon the sole ground that such witness held an infant child upon her lap or in her arms, it not having deveolped whose child it was or that such child was in any way connected with the case.</p> <p>2. Because a cross examination shakes the credibility, or de- • monstrates the inaccuracy and unreliability of the evidence deposed by a witness on his direct examination, this furnishes no reason for striking out such evidence in toto, but if it is otherwise proper evidence, it, with its expose by the cross-examination, remains for consideration by the jury at its worth.</p> <p>3. The matter 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 the date of the birth of the one whose age is material had been written down by the mother or at her instance or request in the family Bible, which is not produced in evidence.</p> <p>4. The arguments and comments of counsel in the progress of a trial before a jury are controllable in the judicial discretion of the trial court, and an appellate court will not interfere with the exercise of such discretion, unless a clear abuse thereof has been made to appear.</p>