Mann v. State

Citations

• 22 Fla. 600

Syllabus

<p>1. The prosecution in a criminal ease cannot call witnesses to impeach the character of the defendant unless such defendant puts it in issue. Particular acts of his, or the commission of other crimes, in no way related to the one on trial, cannot thus be proved against him.</p> <p>2. In a trial for an offence, criminal in its nature (for murder), the State’s Attorney inquired of the witness if he suspected the defendant of having “ stolen his corn,” which, although objected to, was admitted, and he answered, “yes Meld, To be error, as the only effect of the evidence was to prejudice the jury against the defendant, inasmuch as it did not relate to the issue and was immaterial and irrelevant.</p> <p>3. The State’s Attorney is not necessarily compelled to give the names of witnesses not on the indictment, except upon the request of the defendant, and upon the instruction of the court.</p> <p>4. The court may instruct the jury in regard to their recommendation to mercy under the statute or may read, or cause the statute to be read to them by an officer of the court.</p>