Davis v. State

Citations

• 44 Fla. 32

Syllabus

<p>Ciiminal Law—Homicide—Indictment—Expert Witnesses In Insapity—Proceedings De Lunático Inquirmdo Not Admissible On Trial Of Party To For Murder—Insanity As Defense—Order of Admittance of Evidence..</p> <p>i</p> <p>1. Under the Laws of Florida the Circuit Court of the county where the fatal blow has been struck has jurisdiction to try the homicide though the death may occur in another county or State.</p> <p>2. The proceedings and judgment of the County Judge’s Court adjudging a party insane under the provisions of Chapter 4ggl^ Laws of 1895, are not admissible in evidence upon the trial of a criminal charge against the party therein adjudged to be insane, where insanity is relied upon as a defense to such charge.</p> <p>3. It is the province of the trial court to determine whether or not a witness offered as an expert has such qualifications and special knowledge as to make his opihion in answer to hypothetical questions admissible, and the decision of such trial judge is conclusive upon the question, unless it appears from the evidence to have been 'erroneous, or to have been founded upon some error in law. The qualifications necessary to enable witnesses to give expert or opinion evidence are prescribed as well as ascertained by rules of law, and if these rules are violated by the trial judge his action is subject to review by the appellate court.</p> <p>4. The rule laid down in McNaghten’s case, 10 Clark & Fin. text, p. 209-211, as to insanity as a defense to crime, adopted and approved. The phase of insanity commonly known as the “irresistible impulse” doctrine is not recognized in Florida, and a charge announcing such doctrine to be a defense in homicide here is erroneous, hut is not reversible error in this case, as it tended to favor the accused and not to prejudice him.</p> <p>5. Sanity being the normal condition of man, when charged with crime, he is presumed to be sane, and the mere fact of the commission of the crime is not in itself sufficient to overc