Mobley v. State

Citations

• 41 Fla. 621

Syllabus

<p>Criminal Law — Evidence—Admissibility of Indirect, Collateral or Circumstantial — Proof of Marriage.</p> <p>1. “Great latitude is to be allowed in the reception of indirect, or circumstantial evidence. It includes all evidence of an indirect nature, whether the inferences afforded by it be drawn from prior experience, or be a deduction of reason from the circumstances of the particular case, or of reason aided by experience. The competency of a collateral fact to be used as the basis of legitimate argument, is not to be determined by the conclusiveness of the inferences it may afford in reference to the litigated fact. It is enough if these fnay tend, even in a slight degree, to elucidate the inquiry, or to assist, though remotely, to a determination probably founded in truth.”</p> <p>2. “The proof of marriage, as of other issues, is either by direct evidence establishing the fact, or by evidence of collateral facts and circumstances from which its existence may be inferred. Evidence of the former kind, or what is equivalent to it, is required upon the trial of indictments for polygamy and adultery, and in actions for criminal conversation; it being necessary, in such cases, to prove a marriage valid in all respects, but in all other cases any satisfactory evidence in sufficient. General conduct is admissible to prove the fact of the marriage of the parties in ordinary cases.”</p> <p>3. When the verdict convicts of murder in the second degree, Chapter 4392, act of 189s, forbids any interference with it on the ground that it is not supported by the evidence, if the proofs were sufficient to sustain a higher degree of the crime, even though such proofs do not in terms make out a case of murder in the second degree as defined by the statute.</p>