Keitt v. Spencer

Citations

• 19 Fla. 748

Syllabus

<p>1. Wlien a party at the trial of a cause, and before the jury has retired to consider of their verdict, presents to the Judge written instructions upon points of law which he desires should be given to the jury, and the questions of law are pertinent to the issue and arise out of the evidence given, it is the duty of the Judge to consider the instructions, and to give his ruling thereon in writing to the jury, and the neglect or refusal to consider or give his ruling thereon as required by law, duly excepted to, is error.</p> <p>2. While there is no bill of exceptions bringing up the testimony given on the trial yet, if it appears by the charge of the Judge in the record that certain evidence was before the court, it may appear therefrom that instructions to the jury prayed by a party upon points of law were pertinent to the issue and to the evidence, and that the party was entitled to the ruling of the court upon the questions presented.</p> <p>3. In such case this court will not consider whether the instructions should have been given to the jury as prayed, but only whether the instructions being pertinent, the parts'- has been denied a right secured by the statute.</p>