Smith v. State

Citations

• 57 Fla. 24

Syllabus

<p>Criminal Law — Assignments of Error Must be based on Matter Disclosed by the Record — Assertions in Motion for New Trial Are Not Self-Verifying.</p> <p>1. The assertions of fact contained as grounds of a motion for new trial are not self-verifying before an appellate court, and unless the truth' of such assertions is elsewhere properly disclosed by the record, an appellate court cannot consider assignments of error predicated thereon.</p> <p>2. There is no error in refusing to give requested instuc.tions that have in substance been already given in charge to the jury.</p>