Cox v. State

Citations

• 58 Fla. 33

Syllabus

<p>1. Testimony going into the merits of a previous quarrel is properly rejected.</p> <p>2. Before one is tendered as a witness testimony as to his probable bias is incompetent.</p> <p>3. When the original aggressor in a difficulty defends upon the ground that he had honestly sought to evade actual injury by retreat, superinduced by the sudden dislocation of his shoulder, it is permissible for him to prove by a physician the condition of his shoulder and the consequent likelihood of the truth of the statement.</p> <p>4. The court may refuse this instruction: “By a verdict of not guilty you do not necessarily mean that the defendant in truth and in fact is not guilty of the charge, but such verdict may mean that the prosecution has failed to produce sufficient evidence to convince you beyond a reasonable doubt of the defendant’s guilt, or it may mean that upon consideration of all the evidence you are not convinced beyond a reasonable doubt and to a moral certainty of the defendant’s guilt.”</p> <p>5. The statement by one armed with a knife, placing a hand upon another, “If you draw a pistol or a knife, I will cut your throat” may or may not constitute an aggravated assault, dependent upon other circumstances, the condition annexed not being such as neither party can control or alter.</p>