Dickens v. State

Citations

• 50 Fla. 17

Syllabus

<p>1. An indictment should not be quashed on account of any defect in the form thereof, unless- the court shall be of the opinion that the indictment is so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offence.</p> <p>2. This court cannot consider any grounds of objections to the admissibility of evidence, except such as were made in the court below; the plaintiff in error being confined to the specific grounds of objection made by him in the trial court.</p> <p>;3. Where a question to a witness is not improper in itself and does not necessarily call for any illegal or improper evidence, an objection to such question should be overruled.</p> <p>'á. Where an answer to a question presents evidence which is illegal or objectionable on any known ground, the proper practice is a motion to strike it out and have the jury directed not to consider it, the movant specifying hiS' objections to the evidence with like particularity as in objecting to questions.</p> <p>'5. While trial judges should not permit private conversations with them in reference to any question or issue arising in the trial of any criminal cause before them by the prosecuting attorney or anyone else, yet when such conversation relates solely to a request for a temporary adjournment, it is not sufficient ground for reversal.</p> <p>6. Hearsay testimony is properly stricken out on motion.</p> <p>7. Where there is evidence to support the verdict, it will not be disturbed or set aside by an appellate court, as being against the evidence, where its propriety depends entirely upon the credibility of conflicting witnesses.</p>