Glover v. State

Citations

• 22 Fla. 493

Syllabus

<p>1. The jury on the trial of a cause are the sole judges of the credibility of the witnesses and the weight of the evidence, and when they find the facts in a contested case where there is a conflict of evidence, it is seldom that this court will reverse the finding on appeal.</p> <p>2. In an indictment for larceny, the article charged to have been stolen should be sufficiently described, so that there may be no doubt, of its identity. This is required for the protection of the. accused against further prosecution for the same offence.</p> <p>3. The articles so alleged to have been stolen may be described by the name by which they are generally known or called in the community and among the people, and the evidence must substantially correspond with the description in the indictment.</p> <p>4. The defendant was indicted for the larceny of a gold watch. On the trial a practical jeweler and watohmaker, after carefully examining the watch, testified that it was not a gold watch; that there were thin plates of gold on the ontside and inside of the out. side cases and filled with some baser metal. It is called a filled case It is not known as a gold watch by the trade, but is known by the people generally as a gold watch. All the witnesses spoke of it as a gold watch, and it had every appearance of being gold : Held, That this was no variance between the allegation in the indictment and the proof.</p> <p>5. An alleged error in the charge of the court to the jury, to be taken advantage of on appeal, should be excepted to at the time, or embodied in the motion for a new trial, as provided for by chap. 3431, Laws 1886.</p>