Myers v. State

Citations

• 43 Fla. 500

Syllabus

<p>■ 1. After a trial juror is sworn in chief it is too late to challenge , him peremptorily.</p> <p>I 2. Objections to the time or mariner of swearing trial jurors in chief must be followed by an exception to the ruling in order to be available upon writ of error.</p> <p>3. An objection to a question propounded, to a witness followed by an exception to the ruling permitting it, wall not be considered by an appellate court where no testimony was given in answer to the question objected to.</p> <p>4. A trial judge in his discretion may permit leading questions to be propounded to witnesses, and in this State the exercise of such discretion is not reviewable by the Supreme Court upon writ of error.</p> <p>5. If the State be permitted upon cross-examination of a defendant’s witness to interrogate him respecting a supposed prior statement supposed to be inconsistent with his present testimony and the witness denies making the remarks attributed to him, and. no effort is made by the State to prove such former prior statement, no ground of reversal exists on account of such cross-examination, even though defendant’s objections thereto ought to have been sustained.</p> <p>6. A witness can not be cross-examined respecting matters collateral and immaterial and beyond the scope of the direct examination in order to contradict him by other evidence, so as to discredit his testimony.</p> <p>7. In order to admit proof under section 1102 Revised Statutes that a witness made a former statement relative to the subject-matter of the case, inconsistent with his present testimony such former statement must in fact be inconsistent with the present testimony of the witness, and must relate to material matters pertaining to the subject-matter of the cause.</p> <p>8. Evidence offered by a defendant in a criminal cause to the effect that a person not a witness' in the case, and whose alleged improper conduct is not shown to have been known to or approved by any witness for the State or any