Mitchum v. State

Citations

• 56 Fla. 71

Syllabus

<p>1. The remark of a bystander that the defendant “followed” the deceased not shown to be admissible as part of the res gestae, nor as ithe act of an accomplice.</p> <p>2. An original affidavit for a continuance filed in behalf of ' the defendant at a former term and (in the handwriting of hij then attorney, purporting to be signed by the defendant, ■and sworn to before the clerk of the court, who testifies to having received the oath, and to his invariable care in such matters, may be received in evidence, even though both the clerk and the ’defendant fail to remember the particular .instance.</p> <p>3. In a trial for manslaughter, it is error to charge that the State might prove the offense “at ’any time within -two years immediately preceding the date alleged in the indictment,” where there is evidence' that two years elapsed before the verdict was found.</p>