Davis v. State

Citations

• 68 Fla. 81
• 66 So. 429

Syllabus

<p>1. The declaration or exclamation oí a person who had been shot, within one or two minutes after the firing of such shot and just prior to his death, which ensued almost immediately from the wound so inflicted upon him, that the defendant and one other person, whom he designated as “Sheet,” had shot bina, is admissible in evidence as part of the res gestae in a'prosecution for murder against the person so named by such deceased person.</p> <p>2. When the trial court concurs in the verdict rendered by a jury by denying the motion for a new trial, and there is evidence to support it, an appellate court should refuse to disturb it, in the absence of any showing that the jurors must have been improperly influenced by considerations outside the evidence.</p>