Mann v. State

Citations

• 23 Fla. 610

Syllabus

<p>1. A juror tendered and accepted, but not sworn, may be challenged as well by the State as by the prisoner.</p> <p>S3. A question to a witness ■ is not objectionable, because general in its terms, the court having authority to restrain or correct the witness when he goes beyond the bounds of legal evidence.</p> <p>3. It is not error to allow a question in respect to supervision of a prisoner’s duties, which does not necessarily imply imputation upon his character.</p> <p>4. The opinion of a witness, except in expert testimony, is not legitimate evidence, as to any matter that may be reproduced before the jury by a witness, it being. the province of the jury to form their own opinion on facts of common experience, uninfluenced by the opinion of any witness on those facts—especially where such opinion is sought on facts given in the testimony of another witness.</p> <p>S. A trial on indictment for murder, conviction and recommendation by the jury to mercy, andón appeal a new trial ordered, nol pros. entered, and a new indictment for the same offence. Conviction under the new indictment without recommendation to mercy, and motion in arrest of judgment, on the ground that the former verdict was acquittal of murder in the first degree, and the prisoner could not be again tried for that offence : Held, 1st. That the question not having been presented in the pleadings or evidence, was not properly before the court; but 2d. That such state of facts did not bring the case within the rule which prohibits a trial for a higher grade of offence than that found on conviction in a former trial.</p>