Smothers v. State

Citations

• 64 Fla. 459

Syllabus

<p>1 An objection to a question as irrelevant propounded by the State to one of its witnesses asking whether the witness had a conversation with the defendant the day before the killing is futile when the answer of the witness gives the conversation which is apparently relevant.</p> <p>2. That a written statement of the facts of the homicide made by the defendant to the coroner’s jury is offered and introduced in evidence at the trial of the case affords no ground for reversible error, when the only incriminating fact in the statement is the act of shooting which had been admitted by the defendant to other witnesses and was never denied.</p> <p>3. An instruction requested by the defendant is properly refused which assumes that the defendant was assaulted by the deceased with a knife, a fact which was contested by the State.</p> <p>4. It was a question for the jury to determine whether a large pocket knife, which was introduced in evidence, was a weapon likely to produce death or great bodily harm.</p> <p>5. Where the general charge of the trial judge covered the law of self defense in such form as enabled the jury to apply the law to the facts of the case the refusal of the trial judge to give several other instructions upon self defense is not reversible error.</p>