Holland v. State

Citations

• 39 Fla. 178

Syllabus

<p>1. The State’s challenge for cause in a capital case is properly sustained where the case depends principally upon circumstantial evidence and the proposed juror on voir dire states that no matter how conclusive the evidence might be, if it was in whole or in part circumstantial, he would not convict of a capital offense upon it.</p> <p>2. In criminal trials after a plea of not guilty it is discretionary with the Statu Attorney whether he will consent to take the facts from the jury by joining in defendant’s demurrer to evidence, and he can not be compelled to join in such demurrer by the court.</p> <p>3. Where the State Attorney fails to join in defendant’s demurrer to evidence, or where the demurrer is general and no testimony is reduced to writing, or where no specific facts are admitted upon the record which loose, indeterminate and cir- - cumstantial evidence conduces to prove, the trial court should decline to consider the questions raised by such demurrer; but if the court overrules such demurrer, and then permits defendant to withdraw it and to proceed with the trial as if it had never been interposed, the defendant is not injured and the judgment will not be reversed because the court overruled the demurrer, instead of declining to consider it.</p> <p>4. Where it is shown that a confession was freely and voluntarily made and that no improper influences were exerted to induce it, the court does not err in admitting such confession in evidence.</p> <p>5. If, after a confession has been admitted in evidence, it appears by subsequent evidence in the cause that the confession was not free and voluntary, the court should withdraw the evidence of such confession from the jury.</p> <p>6. What circumstances constitute improper influences such as will exclude confessions are questions of law which may be reviewed by an appellate court, but the credibility of the evidence to prove the circumstances, including conflicting evidence, is a question for the trial court,