Smith v. State

Citations

• 48 Fla. 307

Syllabus

<p>Criminal Law — Continuance on Ground of Absence of Counsel — Evidence.</p> <p>1. An application for continuance on the ground of the absence of leading counsel is properly refused when unsupported by affidavit, and when it is not shown that other counsel present for the defense are not for any reason equally as well qualified and equipped for the conduct of the defense as the absent counsel.</p> <p>2. An indictment, charging the defendant on trial for homicide with the larceny of cattle of the deceased, that was presented by the grand jury prior to the homicide, is admissible in evidence on such trial for homicide as tending to establish motive.</p> <p>3. Statements of the deceased, made after receiving the wounds that produced his death, that were not part of the res gestae, and that were not made under the circumstances that would admit them as dying declarations, are not admissible in evidence on a trial for such homicide.</p>