Marshall v. State

Citations

• 54 Fla. 66

Syllabus

<p>1. Where no objection is made at the trial to the admission of evidence, it is considered as received by consent, and objections, if any, to the evidence are waived, and an appellate court will not ordinarily consider an assignment of error based on the inadmissibility under the rules of legal procedure of the evidence so admitted without objection.</p> <p>2. Motions to strike out testimony that has been admitted in a cause must be predicated upon some feature of irrelevancy, incompetency, legal inadmissibility or impertinency in the testimony itself which the motion seeks to strike.</p> <p>3. Wh-ere testimony has already been brought out by the defendants in a criminal prosecution, even if such testimony is not strictly admissible, the defendants cannot object to its repetition when no harm is shown from the repetition.</p> <p>4. No error is committed in a criminal prosecution by the trial court instructing the jury in the general charge that “if there are conflicts between the witnesses, which you cannot reconcile, you have the right to believe one witness and disbelieve the other.”</p> <p>5. No error is committed in a criminal prosecution by the trial court in giving the following charge: “You will bring to bear upon the consideration of the evidence in this case, in addition, all that common knowledge of men and affairs, which you, as reasonable men, have and exercise in the every day affairs of life.”</p>