Larmon v. State

Citations

• 81 Fla. 553
• 88 So. 471

Syllabus

<p>1. In a trial for murder by means of a bullet fired through the head of the deceased, the skull of the deceased, when identified, is admissible in evidence when it furnishes an ocular demonstration to 'the jury of thé places' of entrance and exit and course of the bullet that produced the death-, and illustrates and corroborates- the evidence of the surgeon • who conducted the post mortem examination of the dec'eased. The automobile .in which the deceased . and the defendant were riding at the time of the homicide when sufficiently identified is also admissible in evidence for similar reasons to the admissibility of the skull, when by a bullet hole in its top, and blood stains on its cushions it tends to illustrate the course of the bullet after it passed through the skull of the deceased and the relative positions- of the parties at the time of the killing.</p> <p>2. A charge by the court that is specifically and expressly applied and confined by name to one of two co-defendants who is acquitted, cannot avail on writ of error the other co-defendant who is convicted, even though such charge be erroneous.</p> <p>3. A verdict convicting of murder in the second degree will not be set aside on the ground that the evidence does not make out that degree of the crime in terms as defined by the statute, if the evidence in the case would have supported a finding of murder in the first degree.</p>