McDuffee v. State

Citations

• 55 Fla. 125

Syllabus

<p>1. On an information for robbery, alleging a striking and wounding, the statute being in the alternative, proof of either will suffice.</p> <p>2. A limitation of thirty minutes to either side in the argument to the jury on a trial for robbery, held no ground for reversal where the testimony was not complicated and the witnesses few and no affirmative showing is made that such limitation of the argument was detrimental to the defendant.</p> <p>3. When the defendant without consulting the court or State’s Solicitor excuses a witness, the court will not be reversed for refusing to continue a case to secure his attendance.</p> <p>4. Error if any in a charge that the burden of proving an alibi is upon the defendant, is cured by .the further charge that if upon the whole evidence there be a reasonable doubt as to the defendant’s presence there must be an acquittal, and further that the burden is upon the State to make out its case in every material allegation beyond a reasonable doubt.</p> <p>5. The court should refuse to instruct that the defendant in a criminal case is presumed to be of good character; the defendant by refusing to make it an issue cannot reap the benefit of the presumption by a charge.</p> <p>6. Where the court has charged fully as to the burden of proof • and quantum of evidence, it may refuse to instruct that the presumption of innocence is evidence in favor of the accused introduced by the law in his behalf.</p> <p>7. Specific instructions as to proof beyond a reasonable doubt of the identity of the assailant and the taking of money from the person, were properly refused in a prosecution for robbery when covered by the general charge as to proof of every material allegation.</p> <p>8 The court having charged that “by reasonable doubt is nbt meant a possibility or a doubt, or a speculative, imaginary or forced doubt, but it must be a doubt naturally .arising from the evidence, and as the words themselves import, it must be a reasonable doubt—one co