Gillyard v. State

Citations

• 65 Fla. 322
• 61 So. 641

Syllabus

<p>1. Where two distinct propositions of law in a charge are excepted to as a whole, the exception must fail, if either one of such propositions is correct.</p> <p>2. If a defendant wishes to avail himself of the omission of the trial judge to more fully charge the jury upon any point in the case, he should specifically request the desired instruction.</p> <p>3. Where the evidence does not call for a charge upon murder in the third degree or upon excusable homicide, no error is committed by the failure of the trial court to give such a charge, especially when the same was not requested.</p> <p>4. Where no errors are made to appear in a criminal cause, and the appellate court is of the opinion that the evidence supports the verdict, the judgment of conviction will be affirmed.</p>