Richardson v. State

Citations

• 28 Fla. 349

Syllabus

<p>1. The testimony used on a trial in a criminal cause in the Circuit Court must be authenticated by a bill of exceptions to authorize the Supreme Court to consider it on a writ of error. The written agreement of counsel will not authorize its consideration.</p> <p>2. The mere recital in a motion for a new trial of a charge or charges to a jury, under the act of March 10th, 1883, (Chapter 3431 of the statutes,) regulating the practice in filing exceptions to charges, as have been erroneously given by a circuit judge, is not, where the motion is denied, evidence in the Supreme Court that any such charge was given.</p> <p>3. The purpose of the act of March 10th, 1883, (Chapter 3431,) was simply to enlarge the time for excepting to the charges to a jury.</p> <p>4. A charge to a jury cannot be made a part of the record of a cause except by a bill of exceptions, or by being signed, sealed and filed by the Circuit Judge, in accordance with the act of March 2nd, 1877, (sec. 368, p. 338 McClellan’s Digest).</p> <p>6. The practice as to excepting tocliarges and making them a part of the record reviewed.</p>