Higginbotham v. State

Citations

• 42 Fla. 573

Syllabus

<p>Criminal Law — Larceny---Claim of Right To Property Taken— Reiterating Instructions Already Given — Opinion Evidence-Motion to Strike Evidence — Verdicts, Faulty Spelling In — Appellate Practice, Evidence Used on Motion for New Trial Must Be Exhibited By Bill of Exceptions.</p> <p>1. It is not error to refuse to give instructions that have already been given substantially, though couched in different language.</p> <p>2. Where one in good faith takes the property of another, honestly believing it to be his own, or that he has a right to its possession, he is exempt from the charge of larceny; but such belief should be an honest one, and not a mere pretense to shield himself from punishment.</p> <p>3. While, as a general rule, witnesses are required to testify to facts, and to- withhold their opinions derived from such facts, yet there are exceptional cases, and one of such exceptions is that “the physical or mental condition or appearance of a person, or his manner, habit, or conduct, may be proved by the opinion of an ordinary witness, founded on observation.” “An inference necessarily involving certain facts may be stated without the facts, the inference being an equivalent to a specification of the facts; but, when the facts are not necessarily involved in the inference, then the facts must be stated. In other words, when the opinion is the mere shorthand rendering of the facts, then the opinion can be given. Opinion, so far as it consists of a statement of an effect produced on the mind, becomes primary evidence, and hence admissible, - whenever a condition of things is such that it cannot be reproduced and made palpable in the concrete to- the jury.”</p> <p>4. Where part of a witness’ answer to a question is admissible and part inadmissible, a motion to strike such answer is properly refused unless it is confined specifically to the inadmissible part of such answer.</p> <p>5. Verdicts in criminal cases should be certain, and impart a definite meaning, free fr