Spanish v. State

Citations

• 72 Fla. 420
• 73 So. 230

Syllabus

<p>1. While the legal effect of evidence or the lack of evidence in its relation to a verdict rendered in a trial, may by appropriate proceedings be reviewed by an appellate court, yet conflicts in competent testimony, the weight of legal evidence and the credibility of competent witnesses are primarily for the determination of the jury; and where there is some substantial competent evidence of all the facts legally essential to support the verdict, and there is nothing in the record to indicate that the jury were not governed by the evidence, a refusal of the trial court to grant a new trial on the ground of the insufficiency of the evidence to sustain the verdict will not be disturbed by the appellate court.</p> <p>2. Where charges given to the jury are assigned as error they can not be considered unless excepted to in the court below in some one of the modes provided by law.</p>