Edwards v. State

Citations

• 39 Fla. 753

Syllabus

<p>(EXCUSING JÜROHS — JUDGES DISCRETION — GENERAL OBJECTIONS TO EVIDENCE — EXPI-RT EVIDENCE AS TO CAUSE OF DEATH IN HOMICIDE.</p> <p>1. Trial judges are very properly vested with judicial discretion in the matter of excusing jurors from service as such in cases of necessity, and no exercise of such discretion will be ground of reversal on writ of error, where no abuse of the vested discretion is shown.</p> <p>'2. Assignments of error predicated upon general objections to the propounding of questions to witnesses, and to the admission of evidence, will not be considered by the appellate court where no sjoecifie ground of objection appears from the record to have been 'stated or made in the trial court.</p> <p>■3. In cases of homicide it is best always to have the evidence of medical experts, if they can be obtained, as to the fatal character of wounds; but where such evidence is not accessible, non-experts may, after describing the wounds, give their opinions as to whether such wound3 caused the death, with their reasons therefor; and if, from such evidence, the jury is convinced, beyond a reasonable doubt, that the wounds thus testified about did produce the dtath, it is sufficient to sustain a conviction.</p> <p>4. Where a wound from which death might ensue has been inflicted with murderous intent, and has been followed by death, the burden of proof is upon the party inflicting ihe wound to make it appear that the death did not result from such wound, but from some other cause.</p>