Robinson v. State

Citations

• 50 Fla. 115

Syllabus

<p>1. Under Section 1096 of tbe Revised Statutes of 1892, thoi* who had been convicted in some court in this State of one of the crimes enumerated therein were rendered incomptent as witnesses; but proof of such fact must have been adduced to render the proposed witnesses incom*. petent.</p> <p>2. Where the substance of proposed instructions, bo far as they =' are applicable to the facts of the case, is fully covered by other instructions already given by the court, there is no error in refusing those proposed.</p> <p>3. After a criminal case has been closed on both sides, and the argument of counsel is being made, it is within the sound judicial discretion of the trial court to permit either th* State or the defendant to introduce additional evidence in furtherance of justice and, unless an abuse of this judicial discretion is clearly made to appear, an appellate court will not disturb the ruling of the trial court either in granting or refusing such permisson.</p> <p>4. It is the duty of the defendant to bring to the attention of •the trial court, at the earliest possible moment, any newly discovered evidence which he may desire to introduce, and, if he fails to so bring it to the attention of the trial court, an appellate court will not disturb the ruling in refusing a motion for a new trial based upon the ground of such newly discovered evidence.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>