Owens v. State

Citations

• 65 Fla. 483
• 62 So. 651

Syllabus

<p>1. Under the statute where the evidence would have supported a verdict of murder in the first degree, a verdict of murder in the second. degree sustained by the trial court will not be ’set aside by the appellate court on the ground that the verdict is not supported by the evidence. . . ,</p> <p>2. Where O. is charged with the murder 'of W. thinking he was M., and there is evidence tending to' support the charge; testimony as to threats made by O. against M. is admissible. ■■ ■ '•</p> <p>3. Hearsay and irrelevant testimony is properly excluded.,'</p> <p>4. The wide latitude allowed in criminal prosecutions in offering testimony in cases 'of merely circumstantial evidence, may not he appropriate when the evidence of guilt is not entirely circumstantial.</p> <p>5. Technical errors in the admission or rejection of testimony will not cause a reversal where it is clear the supposed errors are harmless.</p> <p>6. Where, a defendant testifies that he made a certain communication to another, it is not error to allow proper cross examination as to the nature and character of the communication.</p> <p>7. It is not error to refuse charges already in effect given.</p> <p>8. Where there is substantial evidence to support a verdict, and it does not appear .that the jury were not governed by the . evidence, the verdict will not be disturbed, no material errors of law or procedure appearing in the record.</p>