Pittman v. State

Citations

• 45 Fla. 91

Syllabus

<p>CRIMINAL, LAW — APPELLATE PRACTICE — EXCEPTIONS NECESSARY TO HAVE CHARGES REVIEWED — MOTIONS IN ARREST OF JUDGMENT HAVE NO PLACE IN BILL OF EXCEPTIONS — EXCEPTING TO AND ASSIGNING CHARGES EN MASSE’.</p> <p>1. The long settled rule here is that charges not excepted to in the trial court can not be assigned as error or considered in an appellate court.</p> <p>2. A motion in arrest of judgment forms part of the record proper and has no place in a bill of exceptions, and can not be recognized or considered by an appellate court when evidenced to it only in and by a bill of exceptions.</p> <p>3. Where one general exception, or .one general assignment of error, is made to embrace refusals to give two or more requested instructions stating separate and distinct propositions of law, the 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' properly refused. ■</p>