Olds v. State

Citations

• 44 Fla. 452

Syllabus

<p>1. A motion to quash, an indictment because of alleged defects •therein must be exhibited by the record proper, and cannot be considered by. the appellate court when shown only by the bill of exceptions.</p> <p>2. It is not error for -the trial court to refuse to instruct the jury that the good character of the defendant among his neighbors is of value, especially in doubtful eases, and if they believe from the evidence that the defendant bears a good character in the community in which he lives, they might consider such character in connection with all the other evidence in the case, and if the evidence in regard to character raises a reasonable doubt in their minds as to the guilt of the defendant, then they should find him not guilty.</p> <p>3. The proper way to instruct the jury when evidence of good character is produced is that such evidence must be considered in connection with all the other evidence in the case, and when considered as a whole if the evidence raises a reasonable doubt of guilt there should be an acquittal.</p> <p>4. A charge that is not entirely accurate, but favorable to the accused, and in no way prejudicial to him, is no ground for a reversal of the judgment.</p> <p>5. An intentional killing may not be murder in the first degree when done in the heat of passion or anger and following a sufficient provocation so close in time as to raise the presumption that it was the result of sudden impulse and without premeditation, or when committed under such circumstances as-to show that the mind was not .fully conscious of its own intention.</p> <p>6. There is no prejudicial error to an accused in an instruction to the jury on a charge of murder in the first degree that the fact that the defendant may have been at the time of the killing under the influence of anger or resentment would not of itself be sufficient to preclude the idea of premeditation, unless the degree of feeling was such as to cloud the senses of the accused, or to impair his re