Kirby v. State

Citations

• 44 Fla. 81

Syllabus

<p>Criminal Law—Assignment of Errors En Masse—Confessions Admissibility Question for Court—Hearsay Evidence—-Committing Magistrates Docket Entries not Evidence—General Objections to Evidence.</p> <p>1. Where a single general assignment of error is made to embrace refusals to give two or more requested instructions that state separate and distinct propositions of law, the settled rule here is that the appellate court will go no further in the consideration of such an assignment after finding that any one of the instructions so assigned was properly refused, and such assignment will then be overruled.</p> <p>2. The question as to whether a proposed confession was freely and voluntarily made, is one. for the court exclusively to decide, and a requested charge that proposes to submit such question to the jury to determine is properly refused.</p> <p>3. The following charge given to the jury: “You aré to determine the credence which shall be attached to the alleged confessions and every part thereof, and it is your duty to give such confession a fair and unprejudiced consideration. The confession should be taken as a whole; you should give effect to such part as you believe to be true, and reject from your consideration all that you find sufficient reason to reject;” Held, to state the law correctly.</p> <p>i. Where a State witness testifies that he went to the scene of the homicide because of a remark made to him by another party, it is proper for him to state such fact, but it is ■not proper for him to repeat in evidence the substance of such remark that was the cause of his going, as it is here-say.</p> <p>5. A fact that is pertinent and revelant to the issue, and that tends to establish the commission of the crime charged, is not rendered admissible in evidence because it may have a tendancy collaterally to prejudice the defendant with the jury.</p> <p>6. The docket entries of the committing magistrate who conducted the primary examination of the accused, to the effe