Presley v. State

Citations

• 63 Fla. 37

Syllabus

<p>1. A written memorandum may be used to refresh the memory of a witness but not as independent evidence.</p> <p>2. A witness may be asked how a defendant looked when the goods he is charged with having stolen, were taken from a place where they had been concealed and were shown to him.</p> <p>3. Evidence of previous similar crimes by a defendant which tend to show the criminal conduct and intent of the defendant, bearing on the issue being tried, may be admissible.</p> <p>4. A refusal of the court to instruct the jury that the testimony of an accomplice “should be received with great caution” is not necessarily harmful error.</p> <p>5. Any felonious taking or asportation of personal property may be larceny, therefore, the omission of the word “away” from a charge as to “the felonious taking and carrying of the personal property of another” is not per se error.</p> <p>6. A charge containing the words “when a person is found in the exclusive possession of goods recently stolen or has the goods concealed on his premises,” includes the idea that the person knowingly had possession of or concealed the goods.</p>