Clary v. Isom
Citations
- 56 Fla. 236
Syllabus
<p>Evidence — Irrelevancy — Pleading —Charges — Reiterating.</p> <p>1. Where a demurrer to a plea is sustained, and the defendant again files substantially the same plea but makes it more full and explicit, and issue is joined and the trial had thereon, the propriety of the ruling on such demurrer will not .be considered by the appellate court on writ of error.</p> <p>2. Evidence that is not pertinent to any issue in a cause is properly, excluded.</p> <p>3. When an excerpt from a charge is assigned as error, if the whole charge, considered in its entirety, states the law correctly, such assignment of error cannot be sustained.</p> <p>4. It is not error to refuse to reiterate a charge already given.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that evidence fell short of establishing beyond a reasonable doubt basis for arrest with which defendant allegedly interfered because arrest could have been made for a “variety of charges”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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