Simmons v. State

Citations

• 32 Fla. 387

Syllabus

<p>1. The general rule that a witness can not be impeached by proof of inconsistent statements without first laying the proper foundation for the introduction of such evidence, applies to written » statements or testimony reduced to writing and signed by a witness before a committing magistrate ; but before such testimony can, for the purpose of impeachment, be read to the jury,-Jit must be produced and shown to the witness, and his attention called to his contradictory statements contained ih the written evidence, and his oral testimony. Without showing the witness the written evidence and allowing him to read it, he cannot be cross-examined as to its contents with a view of impeachment.</p> <p>2. In cases of murder, according to strict rule, it seems, that the homicidal act, or t-he act which is the efficient cause of death, must be alleged to have been done with a premeditated design to effect the death of the deceased; and where this is not done the indictment is defective.</p>