Richard v. State

Citations

• 42 Fla. 528

Syllabus

<p>1. Dying declarations of a person mortally wounded, in reference to the circumstances that caused death, in cases where the death of the declarant is the subject of investigation, are admissible in evidence when the declarant is in extremity, believes death is imminent, and is without hope of recovery; and the circumstances under which the declarations are made should be shown, in order that the court -may determine whether or not they are proper to go to the jury as “dying declarations.”</p> <p>2. The fact that dying declarations are made in response to questions asked the declarant is no ground for excluding them; nor is it material, as to their admissibility, that the questions are omitted, and the answers only given, when they are reduced to writing, read over, and signed by declarant.</p> <p>3. It is not error to deny a motion to exclude or strike out a statement offered as a dying declaration when a portion sought to be excluded is admissible, though another portion may be objectionable. The proper practice in such a case is to confine the objection to the inadmissible portion. ,</p> <p>4.. In considering exceptions to portions of charges, they should all bearing on the subject, be considered in connection with each other.</p> <p>5. The correctness of a charge on the subject of murder in the first degree becomes immaterial where the jury reject entirely the theory of the case presented by the charge, and render a verdict for manslaughter.</p> <p>6. It is proper to refuse requests based upon a state of facts not shown by the evidence.</p> <p>7. When the entire scope of requests to charge has been co.vered by charges given, it is not error for the court to refuse to repeat the charges in substance, though differing in phraseology.</p> <p>8 Where two persons are jointly indicted and tried, and one is acquitted and the other convicted, the correctness of charges applicable in terms solely and exclusively to the one acquitted cannot be questioned by the one who