Settles v. State

Citations

• 75 Fla. 296
• 78 So. 287

Syllabus

<p>1. An allegation that the defendant was “duly sworn-according to law,” is a sufficient allegation that the defendant was “lawfully required to depose the truth,” as used in the statute defining perjury.</p> <p>2. Where testimony is not wholly irrelevant or improper it may not be stricken after being admitted without objection.</p> <p>3. In a prosecution for perjury the giving of the alleged false testimony mjay be proven by witnesses who heard it.</p> <p>4. Where it does not clearly appear that a juror was subject to challenge for cause-, the. ruling of the court denying the challenge will not be disturbed, particularly where- it does not appear that the defendant was forced to exhaust his peremptory challenges to his injury.</p> <p>5. It is not error to refuse requested charges (1) that are in substance covered by charges given; (2) that have no basis in the evidence under the issue; (3) that are not relevant to the Issues being tried, or (4) that are incorrect as propositions of law.</p> <p>6. A judgment of Conviction will not be reversed on writ of error-even if technical errors were committed in rulings on the •admissibility of evidence or in charges given or refused or in other matters of procedure, where the evidence of guilt is clear and ample and no fundamental rights of the defendants were violated, and it appears from the whole record that such technical errors, if any, were not prejudicial to the defendant.</p>