Cook v. State

Citations

• 46 Fla. 20

Syllabus

<p>1. The defendant propounded the following question to a witness: “While you and Brooks and Cook were on the railroad track, what remark did Cook make in regard to protecting our citizens?” This was objected to by the State Attorney, and the objection sustained, but the court stated the witness could be asked what was said in the conversation; and defendant’s attorney then asked the witness to state the whole conversation, which the witness proceeded to do. Even if the question was permissible, the court committed no reversible error.</p> <p>2. When the defense is that the defendant was so much intoxicated as to be unable to premeditate the killing, and a conversation with him is brought out by his attorney from his own witness as to his condition while walking on a railroad track at night, a short time before the killing, and also a statement that he staggered, the witness may be asked on cross-examination what was the condition of the track, whether any man was not likely to make a misstep, and whether persons other than the defendant stumble there sometimes.</p> <p>3. Where a witness produced by a party to prove his good reputation testifies that he knows such reputation, and that it is good, he may be asked on cross-examination, for the purpose of testing his credibility, if he had not heard that the party had been guilty of specific acts of bad conduct pertinent to such general reputation; but the witness can not be interrrogated as to his knowledge of such specific acts, nor can his testimony as to what he may have heard respecting specific acts be considered for any other purpose than as affecting his credibility.</p> <p>4. Where a defendant in a prosecution for murder puts his reputation and general character in evidence, and does not limit the evidence to testimony as to his being a quiet and peaceable man, the State on cross-examination, over the objection of defendant, asked the witness testifying to general, good character, if he had not heard that the