Johnston v. State

Citations

• 29 Fla. 558

Syllabus

<p>1. An appellate court will not disturb the verdict of a jury as being contrary to the evidence when it is not contrary thereto but is sustained by it.</p> <p>2. Even admitting that there may be an error in one of the charges, the verdict will not be disturbed on account of it where it is clear that such error is corrected by other charges on the same point, and particularly where the testimony is such as to preclude the conclusion that the party is not guilty of the offense of which he has been convicted.</p> <p>3. An appellate court may refuse to notice points urged in the brief of counsel for a plaintiff in-error, which are not covered by the assignment of errors.</p> <p>4. The striking out of immaterial testimony by the court is not error,</p> <p>5. An objection not made in the trial court as to the admissibility of evidence can not be urged in the appellate court.</p>