Reynolds v. State

Citations

• 34 Fla. 175

Syllabus

<p>1. An. indictment for murder charges every grade of unlawful homicide, and a plea of not guilty puts in issue the guilt of the defendant as to every grade and degree of homicide prohibited by law.</p> <p>2. Where parties were indicted for murder plead not guilty, and were convicted of manslaughter, but the conviction was reversed and a new trial granted by the appellate court, upon such new trial for manslaughter, upon the same indictment upon which the first trial was had, it is not necessary that the defendants be rearraigned and plead anew to the charge of manslaughter, and it is not error to refuse a request of the defendants that they be so arraigned and permitted to plead anew.</p> <p>3. It is not error to admit proper and legal testimony tending to show the defendant’s guilt of the chai’ge againsthim.</p> <p>4. It is the province of the record proper in the case, and not of the bill of exceptions, to show the empanneling, selection and swearing of the jury that tries a case. When the record proper-shows that the jury were properly sworn, the court will not look beyond the record; or regard any contradictory statements in the bill of exceptions.</p> <p>5. Statements in the record that the jury were “duly tried, accepted and sworn according to law,” are sufficient to show that the jury were properly and legally sworn.</p> <p>6. When exceptions are taken to the charge of the court below, the whole charge should be considered. This court will not consider assignments of error based upon instructions given by the court below in its charge to the jury, when no portion of the charge is brought up by the bill of exceptions except the isolated paragraphs complained of, and it affirmatively appears that other oral instructions were given to the jury which do not appear at allin the record.</p>