Davis v. State

Citations

• 46 Fla. 137

Syllabus

<p>1. An indictment under chapter 4405, acts of 1895, for the breaking and entering of a dwelling with intent to commit a felony which charges in the same count that the accused was then and there armed with a dangerous weapon and made an actual assault upon a person lawfully in such dwelling, is not duplicitous, nor is such an indictment bad on motion to quash even though the allegations with respect to the dangerous weapon are insufficient, if the allegations with respect to the assault are not defective.</p> <p>2. Under chapter 4736, acts of 1899, circuit courts have power to direct the summoning from the body of the county of jurors to form a grand jury, where the grand jury in attendance has been discharged by reason of irregularities in summoning its members. Such discharge is a quashal of the panel within the meaning of that statute.</p> <p>3. Testimony as to the action of dogs in following the trail of a supposed criminal from the scene of a crime is admissible in evidence, provided such preliminary proof be given of the qualities and training of the dog as to show that reliance may reasonably be placed upon its accuracy in following the trail of a human being.</p> <p>4. It is not error to refuse to give instructions substantially covered by the general charge of the court.</p> <p>5. It is error to refuse a request correctly defining the term “reasonable doubt,” where no definition thereof is given in the general charge of the court.</p> <p>6. It is not error to refuse instructions not applicable to any evidence in the case.</p>