Eldridge v. State

Citations

• 27 Fla. 162

Syllabus

<p>1. A plea in abatement setting up the pendency of another indictment in the same court against the defendant for the same offense charged in the indictment upon which he is put upon trial, is bad, and constitutes no ground for abating the prosecution.</p> <p>2. In a prosecution of an editor of a newspaper for libel, and a publication in the same paper subsequent to the finding of the indictment is offered in evidence on the question of malice, some connection must be shown between the publication complained of and the publication offered in evidence, and if the subsequent publication tends to show ill will towards the person concerning whom the publication complained of is made, and is of such a nature as to indicate a persistent disposition of hatred or ill will towards him, or if it indicates a part of a set- . tied purpose to bring him into public hatred, contempt or ridicule, and is sufficiently near in time to afford a natural inference that the same state of mind existed when the publication complained of was made, it is admissible.</p> <p>3. A witness cannot be cross-examined as to any fact which is collateral or irrelevant to the issue merely for the purpose of contradicting him by other evidence if he should deny it, thereby to discredit his testimony.</p> <p>4. The motives, interest or animus of a witness are not collateral matters, and these may be shown and considered by the jury in estimating the credibility of a witness, and as to such matters he may be contradicted.</p> <p>5. It is competent to show as a fact feelings of hostility on the part of a witness, or the state of a witness’ mind, in respect to the person against whom he testifies, and the jury may consider this hostility or bias in estimating his testimony; but an inquiry into the conduct and acts of parties producing hostility not relating to the matters in issue should not be permitted.</p> <p>C. The use of opium cannot be intx’oduced to impair the credit of a witness unless it be shown