Falk v. Kimmerle

Citations

• 57 Fla. 70

Syllabus

<p>1. In both civil actions and criminal prosecutions, it is within the judicial discretion of the trial court to permit the propounding of leading questions to a witness, and the exercise of that discretion is not reviewable by an appellate court.</p> <p>2. It is the duty of a party resorting to an appellate court to make the errors complained of clearly to appear, if • they in truth exist, every presumption being in favor of the correctness of the trial court.</p> <p>3. Upen a writ of error, where all the evidence is not incorporated in the bill of exceptions, an appellate court is not warranted in holding that error was committed by the trial court in excluding proffered testimony, unless the relevancy and materiality thereof are clearly made to appear.</p>