Miller v. State

Citations

• 76 Fla. 518
• 80 So. 314

Syllabus

<p>X. For the purpose of determining whether a charge on a given subject is infected with error, the whole of the charge on the subject, and not portions of it only, should be considered.</p> <p>2. When a building has been entered and property stolen therefrom, and soon thereafter the property is found in the possession of the person charged with entering the building with intent to commit a felony, such possession unexplained may be sufficient to warrant a conviction of the crime of entering the building with intent to commit a felony.</p> <p>3 It is not error for the Court to refuse to give requested charges which are substantially covered by charges that are given.</p> <p>4. Charges to the Jury must be based upon facts in proof and must be applicable to such facts.</p> <p>5. Where an answer to a question presents evidence which is illegal or objectionable on any known ground, the proper practice is a motion to strike it out and have the Jury directed not to consider it, the movant stating the grounds of his objections to the evidence with the same particularity required in objecting to a question.</p> <p>G. If a defendant wishes to avail himself of the omission of the Court to charge the Jury upon any point in the case he should prepare the required instruction and ask that it be given.</p> <p>7. Evidence examined and found, sufficient to support the verdict.</p> <p>Taylor,, J., dissents.</p>