Sims v. State

Citations

• 59 Fla. 38

Syllabus

<p>1. Where evidence is admitted without objection, it is regarded as having'been received by consent.</p> <p>2. The grounds of objection to testimony should be specifically stated in the objection, and general grounds that the proffered testimony is irrelevant or immaterial will not avail if the evidence is admissible for any purpose.</p> <p>3. If evidence is admitted without objection or if a question propounded to a witness is not objected to on proper grounds before it is answered, it is then too late to merely object on any ground to the evidence or to the answer to the question. In such cases a'motion may be made to strike the evidence if the motion is based upon some ground of irrelevancy, immateriality or legal inadmissibility.</p> <p>4. The physical or mental condition or appearance of a person, or his manner, habit or conduct may be proved by the opinion of an ordinary witness, founded on observation, therefore in a criminal prosecution it is not error to permit a witness to testify that upon observation the defendant “appeared like he was a pretty mad man.”</p> <p>5. A motion to strike all the testimony of a witness is properly denied when some of the testimony was admissible.</p> <p>6. A motion to strike out testimony that had been admitted must be predicated upon some feature of irrelevancy, incompetency, legal inadmissibility or imp'ertinency in the evidence itself, and not upon the ground that it is not sufficient.</p> <p>7. The admissibility of testimony does not depend upon its sufficiency to prove the issue.</p> <p>8. In a prosecution for homicide testimony that after the defendant ran off from the scene of the homicide he called to a companion who was present to “come on,” is not wholly Irrelevant.</p> <p>9. In a prosecution for murder, a confession freely and voluntarily made by the defendant is admissible as in other criminal cases.</p> <p>10. Where a homicide is shown, testimony as to a voluntary confession made by the accused is admissible to