Steele v. State

Citations

• 33 Fla. 348

Syllabus

<p>1. When there is no evidence of an overt act upon the part of the deceased, nor any doubt as to who began the encounter, or, as in the case at bar, as to the defendant having begun it, evidence of previous threats, not a part of the res gestae, by the deceased against the accused, or of the dangerous character of the deceased, is not admissible.</p> <p>2. A defendant’s statement under oath of his defense is not such evidence of an overt act as to constitute of itself a predicate for the admission of evidence of previous threats by the deceased against the accused, or of the dangerous character of the deceased, and render the exclusion of such evidence by the trial court reversible error.</p> <p>3. It is proper to refuse to instruct the jury as to points of law not applicable to the testimony.</p> <p>4. It is proper for the trial judge, on motion of the State Attorney, to restrain counsel of the accused from commenting on the fact that the prosecution had omitted to introduce two designated persons as witnesses to prove whether threats had been made by the deceased against the defendant.</p>