Nelson v. State

Citations

• 32 Fla. 244

Syllabus

<p>Criminal law — verdict that pails to specify degree of homicide a nullity — character, how proved.</p> <p>1. Under Section 2383, Revised Statutes, a verdict that fails to specify the degree of homicide of which it finds the defendant guilty is a nullity, and no sentence canbe legally pronounced thereon.</p> <p>2. Where a witness, by w! om it is designed to impeach the character of another for veracity, testifies that he knows the general reputation of the party to be impeached in the neighborhood in which such party lives for truth and veracity, the foundation for proving what that reputation is has been sufficiently laid, and the witness thus laying such foundation should bé permitted to go on and testify as to what the reputation is, and whether he would believe such party under oath, without being interrupted by a cross-examination to test the extent and sources of his information as to such character. The proper practice in testing, by cross-examination, the extent and sources-of the knowledge or information of such impeaching witness, is to defer it until the witness has been turned over in regular order for cross-examination in general at the close of the examination-in-chief.</p> <p>. 3. When character for peacefulness or turbulence is put in issue the general rule is, that it must be established by evidence of the general reputation of the party in the community for such character, and not by evidence of specific acts or conduct on particular occasions; and the proof in rebuttal in such cases should be confined also to general reputation; and not be allowed to go into specific acts or .conduct on particular occasions.</p>