Gass v. State

Citations

• 44 Fla. 70

Syllabus

<p>1. To justify an appellate court in holding the trial court in error in its ruling denying an application for a continuance in a criminal case, all facts necesary To show a clear abuse of discretion to the injury of the accused must be presented, and whenever the record is either silent or uncertain on any point material to establish such an abuse, the presumptions are all in favor of (the correctness of the ruling.</p> <p>2. No. abuse of discretion in the ruling denying an application for a continuance on the ground of the absence of a material witness is shown, where the application admits that the witness has not been served with subpoena because not found, and that at the time of the application such witness is in another State, and where the application does not state that the witness is a resident of this State and only temporarily absent in such other State, or other facts showing that if the case is continued his presence can be secured at the next term of the court.</p> <p>3. A general exception to the refusal to give two or more requested instructions aserting separate and distinct propositions of law, will be overruled if it appears that any one of such instructions was properly refused.</p> <p>4. An instruction that “the court instructs the jury, that it is incumbent upon -the State to prove every material allegation of the indictment a.s charged therein, nothing is to be presumed or taken by implication against the defendant; the law presumes him innocent of the crime with which he is charged until he is proven guilty beyond a reasonable doubt by competent evidence, and if the evidence in this case leaves upon the minds of the jury any reasonable doubt of defendant’s guilt, the law makes it your duty to acquit him and find him not guilty” is properly refused.</p>