Johnson v. State

Citations

• 64 Fla. 321

Syllabus

<p>1. One cannot escape the penalties for an act which in point of fact produces death which death might possibly have been averted by some possible mode of treatment. When the wound is in itself dangerous to life, mere erroneous treatment of it, or of the wounded man suffering from it, will afford the defendant no protection.</p> <p>2. The allowance of loading- questions is not assignable for error.</p> <p>3. An intelligent boy, thirteen years old, may be a competent witness, though not advised as to a temporal punishment for perjury.</p> <p>4. A witness may testify that some one “cursed” in his presence, though he may not remember the exact words used.</p> <p>5. A witness having testified that he had talked with, no one about the case, may be asked by the court if he had not testified at a previous hearing and to explain.</p> <p>6. A written statement, not a dying declaration, by the decedent declaring forgiveness of the injury done him, is properly excluded.</p> <p>7. It suffices to a conviction of a homicide that the wound inflicted was the proximate cause of the death, even though another cause may have contributed thereto.</p> <p>8. An objection after the verdict that jurors bearing the name of the deceased were related in a remote degree to him, comes too late; they being also related in the same degree to the wife of the defendant.</p>