Mercer v. State

Citations

• 83 Fla. 555
• 92 So. 535

Syllabus

<p>1. Where a transcript of the record, is prepared in a criminal case under Special Rule 3 the transcript need only show the judgment and such papers and proceedings in the cause that have been directed to be included by the written demands of the parties. And if the bill of exceptions purports to contain all the evidence the judge is required to certify that it contains all the evidence introduced at the trial.</p> <p>2. In preparing a transcript of the record for the Supreme Court the old and the new rules should not be blended, but the transcript should be made up under either one or the other.</p> <p>3. An indictment charging that the defendant did, on a day certain in a county named of the State of Florida, have sexual intercourse with a certain person named, and that such person was then and there the own daughter of the defendant and he was then and there the own father of the person named, sufficiently charges the offense of incest under the statute.</p> <p>4. It is within the discretion of the trial court to allow a plea of not guilty to be withdrawn in order to plead in abatement, and unless an abuse of such discretion is shown the court’s order will not be disturbed.</p> <p>5. Where an assignment of error attacks two or more rulings of the court, it will fail if one of the rulings is correct.</p> <p>6. An objection to the introduction of evidence upon the ground that it is immaterial, is too vague to be considered, and the court’s ruling admitting the evidence will not be disturbed if the evidence is admissible for any purpose.</p> <p>77 Where objectionable evidence is admitted over a valid objection but is afterwards admitted without objection, the first objection will be considered waived.</p> <p>8. An assignment that the court erred in “permitting the State Attorney to examine a witness in an improper manner over objections of defendant, to-wit, the cross-examination” of a certain witness is too general to be considered.</p> <p>9. Assignments of error