Clemmons v. State

Citations

• 43 Fla. 200

Syllabus

<p>3 . Erasures and interlineations in tile same ink and handwriting as the body of an indictment, that are not only not contrary to the probable meaning of the indictment as it stood prior to their insertion but which make that meaning clear, will in the absence of proof to the contrary be presumed to have have been made before the indictment was presented by the grand jury.</p> <p>2. A demurrer to a plea in abatement and the ruling of the court thereon are matters of record to be exhibited to an appellate court by the record proper, and not bj' bill of exceptions.</p> <p>3. The law does not require the county commissioners of any county to make a list of the persons sworn and enpanelled as grand jurors at, any term of the Circuit Courts.</p> <p>4. The dying declarations of a deceased relating to what was said by him or the accused' and what happened between them at the time of the fatal encounter are properly admissible, in prosecutions for unlawful homicide.</p> <p>5. Any expressions of one mortally wounded at ¿he timé of making an alleged dying declaration, tending to show that he'then believed his .death was imminent, are admissible for the purpose of determining whether the declaration then made was in fact a dying declaration.</p> <p>C. Evidence of acts, remarks or conduct of one accused of the crime of murder showing unfriendliness on his part toward the deceased is admissible, though such acts, remarks or conduct occurred two or three weeks prior to the homicide, where other testimony in the case tends to show acts of unfriendliness between the parties at intervals for more than a year prior to the homicide.</p> <p>7. The omission of the court to instruct the jury upon any point of law in a case is not available to one who has not requested an instruction on that point and taken an exception to the ruling of the court refusing his instruction.</p> <p>8. A motion for a new trial upon the ground of the illness of a juror is properly refused where it is not sh