Reid v. State

Citations

• 68 Fla. 105
• 66 So. 725

Syllabus

<p>1. When evidence lias already been introduced in a prosecution for murder to the effect that the defendant had killed the deceased, who was a negro, by stabbing or cutting him in the neck, a threat made by the defendant, some two or three hours before such killing to kill some negro whom he accused of having stolen his money, is properly admitted in evidence.</p> <p>2. An exclamation or statement made by a deceased person, within two or three minutes after he had been cut, to the effect that the defendant had cut him, and that he knew that he was dying, and as a mater of fact the deceased did die within about five minutes after making such statement, is admissible in evidence either as a dying declaration or as part of the res gestae.</p> <p>3. In a prosecution for murder, no error is committed in exclude, ing the proffered testimony- of a witness as to the physical condition of the premises where the homicide occurred, on a' night subsequent to the tragedy, especially when the conditions have not been shown to be similar upon the two nights.</p> <p>4. Evidence of an experiment whereby to test the truth of testimony that a certain thing occurred is not admissible where the conditions attending the alleged occurrence and the experiment are not shown to be similar. The similarity of circumstances and conditions go to the admissibility of the evidence and must be determined by the court.</p> <p>5. Where one of the assignments of error is predicated upon the overruling of the motion for a new trial, an appellate court will consider only such grounds thereof as are argued, and, where such motion is submitted without argument, such assignment presents nothing for consideration.</p>