Hart v. State

Citations

• 38 Fla. 39

Syllabus

<p>1. In cases of homicide, the conditions under which evidence of the violent and dangerous character of the deceased may be introduced in evidence, as defined by this court, are that such evidence is admissible to show, or tend to show, that a defendant has acted in self-defense, or under such circumstances as would naturally cause a man of ordinary reason and prudence to believe himself to be, at the time of the killing, in imminent danger of losing his life, or of suffering great bodily harm, at the hands of the deceased, but such evidence is not admissible for the purposes indicated unless it explains or will give meaning or significance to the conduct of the deceased at the time of the killing, or will tend to do so, and the conduct of the deceased at the time of the killing, thus proposed to be explained must be shown before the auxiliary evidence of such character can be introduced. The evidence must show some demonstration on the part of the accused, which, though considered independent of the dangerous character of the deceased, would be regarded as innocent or harmless, yet, when received and considered in connection with or illustrated by such character it may arouse a reasonable belief of imminent peril of the kind mentioned. Bond vs. State, 21 Fla. 738; Garner vs. State, 28 Fla. 113, 9 South. Rep. 835</p> <p>2. Under statutes prior to the act of 1895 (Chapter 4400, Laws of Florida), the accused had the privilege of making a statement under oath to the jury of the matters of his or her defense, but in making such statement the accused did not become a witness, nor subject to the rules applicable to witnesses, and such statement alone was not sufficient -to authorize the introduction of auxiliary evidence of the violent and dangerous character of the deceased at the time of the killing.</p> <p>8. Under the act of 1895 (Chapter 4400) the rule is different, as this act gives to an accused person, when he elects to avail himself of its provisions, the statu