Roberson v. State

Citations

• 40 Fla. 509

Syllabus

<p>1. Motions for severance are addressed to the discretion of trial courts, and an appellate court will not interfere with the ruling denying such motion where there is nothing in the record showing the truth of the maters proposed as grounds therefor.</p> <p>2. Statements of matters of fact in motions cannot be taken as evidence of the facts therein .recited.</p> <p>3. Questions addressed to proposed jurors as to whether they “understand the meaning of a circumstantial evidence case,” and as to whether a case hypothetically stated depends upon circumstantial evidence, are properly excluded, because they do not tend to test the qualifications of the proposed jurors; nor are such questions authorized by section 1086 Revised Statutes, which provides that “when the nature of any case, civil or criminal, requires a knowledge of reading, writing and arithmetic, or either, to enable the juror to understand the evidence on the trial, it shall be cause of challenge if he does not possess such qualifications, to be determined by the judge presiding at the trial.”</p> <p>4. The court is authorized to regulate the order of the introduction of evidence, and its discretion in this matter will only be interfered with by an appellate court where clearly abused-</p> <p>5. Evidence of another and distinct crime committed by a defendant in no way connected by circumstances with the one for which he is being tried is inadmissible, but proof of any fact with its circumstances, even though amounting to a distinct crime, if it has some relative bearing upon the issue being tried is admissible.</p> <p>O. Evidence of the misconduct of a defendant in intentionally suppressing, destrojdng or concealing the evidences of a crime alleged to have been committed by him, is relevant.</p> <p>7. Evidence that a defendant charged with breaking and entering a building with intent to commit larceny subsequent to the alleged breaking intentionally burned the building alleged to have been broken, in ord