Padgett v. State

Citations

• 64 Fla. 389

Syllabus

<p>1. While plaintiffs in error in criminal cases have the option of proceeding under Special Rules 1, 2 ,and 3, adopted on the 2nd day of March, 1905, or Rule 103, adopted at the April Term, 1873, in the preparation of their transcripts and bills of exceptions, the better and safer procedure is for such plaintiffs in error to have their transcripts prepared and their bill of exceptions made up, settled and certified in accordance with the provisions of such Rule 103. Whichever procedure is adopted, it is advisable to follow closely the directions given in the respective rules.</p> <p>2. It is of the utmost importance that the transcripts and briefs should be clearly and correctly'typewritten or printed, so that the same may be easily read, without unduly taxing the eyes of the members of the appellate court.</p> <p>3. In the preparation of transcripts, redundancies and repetitions should be avoided, as the copying or setting forth papers or proceedings more than once therein, when the same is not required, increases the costs unnecessarily and causes the expenditure of additional time by the members of the appellate court which could be more advantageously employed.</p> <p>4. The general rule seems to be concerning motions that, unless the moving party is entitled, as a matter of right, to the relief demanded, it is not error to deny a motion which cannot be allowed substantially in the form in which it is presented.</p> <p>5. A defendant in a criminal case is not entitled as a matter of right to be supplied with a list of the State’s witnesses who are to testify against him. Neither is he entitled as a matter of right to have all the articles in the possession of the State, intended to be introduced in evidence against him, placed in the hands of the clerk or other officer of •the court for inspection by the defendant or his counsel.</p> <p>6. A party has no right to cross-examine a witness except as to facts and circumstances connected with matters testified abou