Daniels v. State

Citations

• 57 Fla. 1

Syllabus

<p>1. When there are two or more defendants in a criminal prosecution, an order of the trial court granting or denying a motion for severance is largely discretionary, and in general will not be disturbed by an appellate court when the motion is unsupported and no abuse of discretion appears.</p> <p>2. Before statements made at a coroner’s inquest by a person when in custody of the sheriff can be shown in evidence against the defendant on his trial, it should clearly appear that he was fully advised of his rights in making the statements and that after being so advised the statements were voluntarily made.</p> <p>3. Testimony as to confessions of guilt, as distinguished from mere statements of other facts, should be received in evidence on a trial with caution especially where the party • is under arrest when the confession is made; and testimony as to confessions of guilt made to officers or when under arrest'is not admissible' in evidence at the trial unless it is clearly shown that the confession was voluntarily made after the party is fully advised of his rights under the law.</p> <p>4. A confession of guilt in committingi a crime is an acknowledgment of the criminal act or of the facts that constitute the crime. Statements of facts or circumstances that do not in effect or by inference admit the commission of a crime do not in general constitute a confession of guilt of a crime.</p> <p>5. Statements other than confessions of guilt of a crime are in general admissible in evidence against the party making them as other admissions against interest. But where the statements are made before a magistrate by a person when under arrest accused of the crime, evidence of such statements is in general not admissible unless it appears that the party was advised of his rights and then voluntarily made the statements.</p> <p>6 In a prosecution for murder, evidence tending to show motive is admissible for that purpose.</p> <p>7. Where evidence as to a confession made by one o