Robinson v. State

Citations

• 80 Fla. 736
• 87 So. 61

Syllabus

<p>HOMICIDE — DISCRETIONARY WITH TRIAL COURT IN PLACING WITNESSES UNDER THE RULE OF EXCLUSION DURING TRIAL, AND OF EXEMPTING OR REFUSING TO EXEMPT A WITNESS FROM THE OPERATION OF THE RULE. SUCH DISCRETION IS REVIEW ABLE ON WRIT OF ERROR. CONVICTION OF WITNESS OF ANY CRIME IS ADMISSIBLE TO AFFECT HIS CREDIBILITY. IMPROPER CAUTION TO WITNESS BY THE COURT.</p> <p>1. The matter of exempting or refusing to exempt a witness from the operation of a rule excluding all witnesses from presence in the court room during the trial, until they are individually called to testify, is largely within the discretion of the trial court, and is not cause for reversal, unless the discretion is flagrantly abused, to the patent prejudice of the party complaining of the ruling,</p> <p>2. Under the provisions of Section 1097, Revised Statutes of 1892, evidence of the conviction of a witness of any crime is admissible to affect his credibility, and it is error to exclude such evidence from consideration by the jury.</p> <p>3. At the beginning of the examination of a witness for the defendant, the trial court sua sponte remarked to such witness: “Let me warn you, Mr. Burke, that you answer just such questions as you are asked and no more.” This was error, since it tended to be an express questioning by the court of the credibility of the witness.</p>