Kelly v. State

Citations

• 55 Fla. 51

Syllabus

<p>Criminal Law—Error, if Any, Must Be Made to Appear by Party Alleging it—This Applies to Rulings Excluding Evidence.</p> <p>Upon the party appealing to an appellate court is the burden of making apparent the errors of which he complains; and where the exclusion of his questions to witnesses is complained of as error, if such questions do not in and of themselves indicate whether the answers thereto will be material or perti- , nent evidence or not, it is his duty, in order to have the rulings thereon reviewed on appeal, to make an offer at the trial of what he proposes to elicit or- prove by such questions so that both the trial and appellate court' can determine the materiality or pertinency of such proposed evidence; if he neglects to do this he fails to make his alleged error to appear, and the appellate court will so adjudge.</p>