Marshall v. State

Citations

• 32 Fla. 462

Syllabus

<p>1. Danger to many, or “ others,” is, under Section 2380, Revised Statutes, not an essential to murder in the second degree, as it was under Section 2, p. 350, McClellan’s Digest; and now proof of an intent upon the part of the accused to kill a particular individual, or “another,” does not exclude a conviction of murder in the second degree. Johnson v. State, MFla., 162,4 South. Rep., 535, approved and distinguished.</p> <p>'2. The fact that the evidence in a case may be sufficient to sustain a verdict of murder in the first degiee will not of itself preclude a conviction of murder in the second degree, as this degree is defined by Section 2380, Revised Statutes.</p> <p>3. Where it is sought to review the action of a trial court on the ground that the verdict is contrary to the evidence, all the evidence that was before that court must be presented to the appellate court or it will refuse to enter upon a consideration of the question.</p> <p>■4. Where a correct instruction is requested by the accused, it is error to refuse it as having been already more correctly given in accordance with the evidence, where the charge referred to as having given it more correctly makes essential to an acquittal conditions or propositions that are not contained in the rejected instruction.</p> <p>■5. Where a charge, if erroneous at all, is clearly favorable to the accused, he can not claim further consideration of it as a ground for reversal.</p> <p>■6. Where the State in making proof of its case ^puts in evidence the statements made to other persons by the accused of the circumstances of the killing, it is error for the judge to instruct the jury that “ for obvious reasons said statements and admissions should be received with caution,” where it can not be said that the jury’s understanding of the instruction was that caution should be exercised in his favor in weighing the statement.</p> <p>*7. The rules as to the admission in evidence of the accused’s declarations of the circum