Mercer v. State

Citations

• 41 Fla. 279

Syllabus

<p>1. Under Section iioi, Revised Statutes, permitting a party producing a witness to impeach him when he proves adverse, a witness can not be impeached as to his statements when he simply fails to testify to beneficial facts that were expected from him, and when he states nothing that is prejudicial to the party who offers him.</p> <p>2. When the testimony authorizes it the court commits no error in instructing the jury that a necessity brought about by a party who acts under its compulsion can not be relied upon to justify his conduct. The aggressor in a personal difficulty, and not reasonably free from fault, can not acquit himself of liability for its consequences on the ground of self defense, unless after having begun the difficulty he in good faith declines the combat and his adversary becomes the aggressor.</p> <p>3. The verdict in this case is sustained by the evidence.</p>