Parnell v. State

Citations

• 47 Fla. 90

Syllabus

<p>1. Errors can not be assigned in the appellate court upon charges not excepted to in the trial court.</p> <p>2. To enable an appellate court, upon writ of error, to review the ruling of the trial court denying a motion for a new trial, such motion and the exception to the ruling denying it, must be evidenced to the appellate court by a bill of exceptions, properly attested by the trial judge. Where such motion and the exception to the ruling thereon are found only in the record proper an appellate court can not consider the same.</p> <p>3. Where one general exception or one general assignment of error is made to the giving of several instructions stating separate and distinct propositions of law, an appellate court will go no further in the consideration of such an exception or assignment of error after discovering that any one of such instructions was correctly given.</p> <p>4. Under the provisions of sections 1090 and 1091 of the Revised Statutes of 1893, while charges given or refused, by the trial court,' when properly endorsed and authenticated, may appear in and form a part of the record, in order to enable an appellate court to review the ruling made thereon an exception duly taken to such ruling must be made to appear.</p> <p>5. Where the substance of proposed instructions, so far as applicable to the facts of the case, is fully covered by other instructions given by the court, there is no error in refusing those proposed.</p>