Morrison v. State

Citations

• 42 Fla. 149

Syllabus

<p>Criminal Law — Charging in Writing — Utilizing Charges Given in Another Case — Reiterating Charges Given — Charges' to be Given Literally as Written — Dying Declarations, Where There are Several, any one or all Admissible — Appearances of Danger in Self-Defence.</p> <p>1. Section 2920, Revised Statutes, provides that the charges of the court to the jury in capital cases shall be wholly in writing, and section 1091, Revised Statutes, provides that such charges shall be signed by the judge and be by him filed in the case immediately after delivery or refusal, and form part of the record in the case. When charges are given and filed in compliance with these provisions of law, they become a, part of the record in the particular case in which they are given1 and trial judges should not withdraw them from the record of the case of which they form a part, and make them by refiling and interlineations a part of the record of another, different and subsequent case.</p> <p>2. Charges in writing should be given literally as they are written.</p> <p>3. ‘Exceptions to the form or manner in which charles are given should be seasonably made, at least before the rendition of the verdict, otherwise objections thereto will be held to have been waived.</p> <p>4. Where a mortally wounded party, under a full appreciation of 'his condition, with a full belief in the certainty of his imminently impending death, and without hope of recovery, makes several complete statements at different times of the transaction by' which he received his wounds, any one or all of such complete statements are admissible in evidence, and the State is not confined to any particular one of them nor is it necessary to offer all of the separate and distinct statements made at different times in order to render other distinct declarations, made at other times, admissible in evidence. Should any of such several declarations be inconsistent or contradictory to others made by the delcarent, it is ODen to the defe