Phillips v. State

Citations

• 28 Fla. 77

Syllabus

<p>1. Where the only question on the trial of a plea in abatement is one of fact, and the evidence fully sustains the finding against the idea, the finding cannot be disturbed.</p> <p>2. The prisoner was arraigned and pleaded not guilty, the jury was sworn and the witnesses in behalf of the State examined and the State Attorney addressed the jury. Upon the prisoner’s counsel declining to argue the cause before the jury, it was discovered that the indictment had not been read to the jury, and the counsel stated that it was on this account that he had declined to cross-examine witnesses, or to introduce any testimony in behalf of the defendant, and he contended that it was necessary that the indictment should be read to the jury and the witnesses examined again, and moved that this should be done. The court granted the motion, and the indictment, which had been read to the prisoner on the arraignment, was read to the jury, and witnesses for the State and accused were examined, and prisoner made his statement, and the judge charged the jury, and there was a verdict of guilty of murder in the first degree : Held, That error cannot be assigned by the prisoner on these proceedings.</p> <p>3. A charge by the judge to the jury upon the subject of their recommending the accused to mercy in case they found him guilty of murder in the first degree, cannot be reviewed on writ of error if not excepted to in the trial court.</p> <p>4. Where there is sufficient evidence, if the jury believed it; to sustain verdict, and there are in the record no errors that can be reviewed on writ of error, the verdict must be sustained.</p>