Smith v. State

Citations

• 25 Fla. 517

Syllabus

<p>1. Upon a trial for murder the prisoner offered in evidence threats made against himself by the deceased, but as the evidence in the case failed to show any overt act on the part of the deceased at the time of the homicide indicating an intention to then execute ' his threats, the evidence so offered was properly excluded by the OOUrt.</p> <p>2. Where illegal testimony has been admitt d, it is the duty of tli e court to strike it out.</p> <p>.3. If a man, whose life has been threatened, meets and slays his adversary under such circumstances as show that' at the time his adversary was making some demonstration indicating- an intention to then execute his threats, and that he believed, and had reasonable ground to believe, that his life was then in danger, or that he was in danger of great bodily injury, such homicide is justifiable, although it jn-iy turn out that the deceased had no intention at the time to execute his threats. The party threatened is to judge from the circumstances by which he is surrounded and as they appear to him ; but when a man acts upon appearances and takes the life of his fellow man, he does it at his peril, and he cannot justify such killing unless there are circumstances which would induce a reasonably cautious man to believe that it was necessary to save his own life, or to save himself from great personal injury.</p> <p>4. When a man has been threatened lie may go wherever his legitimate business calls him, but he has not the right to lie in wait for and slay his adversary, and if he does so it is murder in the first degree.</p> <p>5. Where the court gives an erroneous charge which is favorable to the accused, such charge is no ground for reversal.</p> <p>6. Where counsel make improper statements to the jury, it is the duty of the opposite party to call the matter to the attention of the court, and when this is done it is the duty of the court to rule upon it; but where the objection was not insisted upon and no ruling had, the appel