Spires v. State

Citations

• 50 Fla. 121

Syllabus

<p>1. Evidence of an experiment whereby to test the truth of testimony that a certain thing occurred is not admissible where the conditions attending the alleged occurrence and the experiment are not show® to be similar.</p> <p>2. Whether or not evidence of experiments is admissible is, under the circumstances of each case, a preliminary question for the determination of the court.</p> <p>Z. It is within the judicial discretion of the trial court whether to permit experiments relevant to the issue to be made before the jury during the trial, or to refuse to permit them, such court having first to determine whether or not such similarity of circumstances and conditions has been made to appear to render said evidence competent, and an appellate court should decline to interfere with the ruling, unless an abuse of this judicial discretion is clearly made to appear.</p> <p>4. The making of experiments by or in the presence of the jury is not favored by the courts. Evidence of this kind should be received with caution, and only be admitted where it is obvious to the court, from the nature of ith® experiments, that the jury will be enlightened, rather than confused.</p> <p>5. Where one of the errors assigned is based upon the overruling of the motion for a new trial, and said motion consists of a number of grounds, an appellate court will consider only such grounds as are argued.</p> <p>6. Where there is evidence to support the verdict, it will not be disturbed or set aside by an appellate court, as being against the evidence, where its propriety depends entirely upon the credibility of conflicting witnesses.</p>