Fuentes v. State

Citations

• 64 Fla. 64

Syllabus

<p>1. In' a prosecution for homicide instructions asked by the defendant on the subject of self-defense which do not include the proposition that the defendant to justify his acts on the ground of self defense must have Used all reasonable means within his power and consistent with his own safety, to avoi.d danger and to avert the necessity of taking the life of the deceased, a limitation which has been approved by this court'in several cases, are property refused when the charge given by the court as to self defense was full and correct under the facts of the case.</p> <p>2. An instruction that in considering the testimony of witnesses, including that of the defendant, the jury will take into consideration the interest, if any, that any witness has in the result of the trial, is not such a reference by the court to the testimony of the defendant alone as to pointedly aim at the credibility of the defendant as a witness for himself or to impress the jury with the idea that the judge questioned his credibility.</p> <p>3. Where charges as to self defense are not clearly erroneous, or misleading or confusing on the evidence, they will not cause a reversal of a conviction that is amply sustained by the evidence.</p> <p>4. Where the defendant in a criminal trial is permitted to make illustrations before the jury, similar illustrations may in the reasonable discretion of the trial court be made by the prosecution when no positive provision or principle of law is violated, and the defendant is not clearly injured thereby.</p> <p>5. Where there is substantial evidence to sustain a verdict of conviction and no reversible errors of law or procedure appear, the judgment will not be reversed.</p>