Driggers v. State

Citations

• 38 Fla. 7

Syllabus

<p>CRIMINAL LAW — ERRORS ASSIGNED WITHOUT EXCEPTIONS NOT REVIEWABLE — CHARGING IN LANGUAGE OF STATUTE — SENDING JURY OUT WHILE LAW IS READ TO COURT — REMARKS OF COUNSEL —CHARGING ORALLY — REITERATING CHARGES.</p> <p>1. Where evidence is admitted in a cause without objection, and no exception is taken or reserved to its admission, an assignment of error predicated thereon can not be considered on writ of error.</p> <p>2. It is not error, in a trial on a charge of murder, for the court in its charges to give the definition of justifiable homicide and manslaughter in the exact language of the statute.</p> <p>3. Great latitude is allowed in the cross-examination of an interested witness to expose his bias.</p> <p>4. Under our system, where juries get the law of the case exclusively from the court, it is not error to permit the jury to retire temporarily from the court room while counsel for the defense in a murder trial is reading law exclusively to the court, ' where no curtailment of the defendant’s right of argument of the law and facts of the case to the jury is shown to have resulted therefrom.</p> <p>5. Where the oral giving of a charge in a murder trial is not excepted to promptly at the time it is given, the error in giving it orally will be considered as waived, and it will not be ground cf reversal on writ of error.</p> <p>6. Where the substance of a requested instruction has already been given in another charge, it is not error to refuse a reiteration of it, though the requested charge be couched in different language.</p> <p>7, Where an objection to remarks of counsel on the ground of abusing the privilege of argument, or other objection of similar character, is made at the trial of a cause before a jury, and no ruling of the judge thereon is shown by the bill of exceptions, or if there is an adverse ruling thereon but no exception is taken thereto, the objection will be held to have been waived.</p>