Stone v. State

Citations

• 71 Fla. 514
• 71 So. 634

Syllabus

<p>1. The State constitution does not grant particular legislative powers, but contains specific limitations of the general lawmaking power of the legislature.</p> <p>2. The duties of a State Attorney are statutes; and while . under the constitution there must be “a State Attorney in each Judicial Circuit,” the constitution does not expressly or impliedly require the duties “prescribed by law” for such officer to be confined to the Judicial Circuit in which he is appointed.</p> <p>3. Testimony of a witness that she was present when a statement was made is not hearsay.</p> <p>4. The age of a child may be testified to as a matter of family history.</p> <p>5. It is not error to refuse a requested charge that is in substance sufficiently covered by a charge given.</p> <p>6. A charge on the law applicable to facts of a case is not a charge on the facts.</p> <p>7. Where charges are endorsed by the judge as refused because covered by other charges given, it is not error to permit them to be taken by the jury to the jury room with the charges given, where no harm reasonably could have resulted therefrom.</p> <p>8. Where there is ample evidence to sustain the verdict, and there is nothing to indicate that the jury were not governed by the evidence, and no material or harmful errors of law or procedure appear, the judgment will be affirmed.</p>