Rawlins v. State

Citations

• 40 Fla. 155

Syllabus

<p>1. The rule in force in this State, declared by repeated decisions to be settled, is that it is the duty of the trial court to correctly instruct the jury on the law applicable to the facts proven, and a refusal to do so when asked will be error; but when a party wishes to avail himself of the omission of the court to more fully charge the jury on any point in the case, he must ask the court to give the instruction desired, and properly except to a refusal to do so, otherwise he will not be permitted to assign the omission as error.</p> <p>2. Under a charge of an- assault with intent to murder the State may show that within a period not too remote from the time of the commission of the offence the accused entertained hostile feelings against the party assaulted and threatened to do him personal violence, such testimony bears on the question of motive, and is proper to be considered by the jury in connection with the other evidence in the case.</p> <p>3. A map, verified as a correct representation of physical objects about which testimony is offered, is admissible in evidence for the use of witnesses in explaining their evidence, and to enable the jury to better understand the case, and for this purpose it is not necessary that a map of an entire town be shown where the enquiry relates to a particular locality in the town, if the diagram offered in evidence is shown to be correct as to the particular locality.</p>