Harris v. State

Citations

• 75 Fla. 527
• 78 So. 526

Syllabus

<p>1. A judgment of conviction in a criminal case should show the judicial character of the act, the nature and scope of the adjudication and its application to the controversy before the court.</p> <p>'2. Objectionable remarks by the prosecuting attorney during argument before the jury which upon motion of defendant are promptly ruled to be improper land the jury instructed to ignore them, will not cause a reversal of the judgment by this court where the evidence is sufficient to sustain the verdict and there is nothing to show that the jury were influenced by such improper remarks to the defendant’s prejudice.</p> <p>3. In the trial of one for murder-a requested instruction which embraces the idea that threats by the deceased against the defendant’s life when communicjated 'to the latter establish the existence of imminent danger of death 'or great harm to the latter from the person killed is properly refused.</p> <p>4. Requested instructions which have been substantially given by the court in its general charge or upon request are properly refused.</p> <p>5. Upon the subject of self defense the question of whether the defendant was reasonably apprehensive of danger or grejat harm from the deceased is a question of fact to be gathered by the jury from all the circumstances in the ease.</p> <p>6. Evidence examined and found sufficient to support a verdict of murder in the second degree.</p>