McCall v. State

Citations

• 55 Fla. 108

Syllabus

<p>1. It is the duty of a party resorting to an appellate court to make the errors apparent of which he complains; and, where in the examination of witnesses on the trial, objections to any of his questions have been sustained and the testimony sought to be elicted thereby excluded, and such questions do not in and of themselves indicate whether the answers thereto will be material or pertinent evidence, it is his duty, in order to have the rulings thereon reviewed upon writ of error, to make an offer at the trial of what he proposes to elicit or prove by such questions, so that both the trial and appellate court can determine whether the proposed evidence is material or relevant; otherwise he fails to make his alleged error to appear, and a appellate court wi liso declare.</p> <p>2. Objections are properly sustained to questions that seek to elicit testimony that is not relevant or material to the issue.</p> <p>3. Where an objection has been sustained to a question but subsequently during the trial the question was answered in effect by the witness, even if there was error in the previous ruling, it was cured by the- subsquent admission of the testimony so excluded.</p> <p>4. In a criminal prosecution, where the defendant puts his character in issue, the court cannot be required to single out specifically the part of the evidence relating to character to the exclusion of other evidence and instruct on it, though the court may do so if it sees proper. When such instructions are given it is proper to instruct the jury that such evidence of good character must be considered in connection with all the other evidence in the case, and when considered as a whole if the evidence raises a reasonable doubt of the defendant’s guilt there should bean acquittal.</p> <p>5. Where the brief for plaintiff in error contains simply a bare statement that a ruling of the trial court is erroneous, no reasons being given, no principles of law stated and no authorities cited, an assignmen