Sims v. State

Citations

• 54 Fla. 100

Syllabus

<p>1. Where no objection is made at the trial to the admission of evidence, it is considered as received by consent and objec- . lions if any to the evidence are waived, and the appellate court will not ordinarily consider an assignment of emu-based on the admissibility under the rules of legal procedure of the evidence so admitted without objection.</p> <p>2. General objections to the admission of evidence, without stating any grounds of objection, will not avail unless the. evidence is not admissible under any circumstances.</p> <p>3. Where objections to the admission of evidence at a trial are stated to be upon, and are confined to, particular grounds, no other ground of objection will ordinarily be considered by the appellate court; and if the particular grounds of objection are not well taken under the circumstances of the case, an assignment of error based thereon will be unavailing, particularly where it appears from the record that no harm could have resulted from the admission of the evidence.</p> <p>4. In a criminal prosecution for embezzlement where a certified copy of a verdict and judgment in civil case against the defendant and others for the property’was admitted in evidence over the specific objection of the defendant that there is no proof that the defendant “was ever served with process or had his day in court,” and defendant “asked that the whole record be introduced for the purpose of showing that the court struck the pleas in the civil suit,” the reception of such evidence is not erroneous on the ground of objection urged against it, since if a plea was filed in the cause it, to that extent, gave the defendant his day in court, and the judgment introduced recites that defendants were represented by counsel. If the striking of the pleas rendered the subsequent proceedings in the civil action illegal it is immaterial as the introduction of the verdict and judgment was to show their existence, not their validity. There being no general or appropria