Sumpter v. State

Citations

• 45 Fla. 106

Syllabus

<p>1. An indictment charging an assault to have been made with “a deadly weapon, to-wit: a firearm commonly known as a musket, which said musket was then and there loaded with gunpowder and leaden shot,” sufficiently names the deadly weapon.</p> <p>2. It is error to charge that the jury would not he justified in disregarding the testimony of a Witness successfully impeached if it be corroborated by other • evidence which they do believe. ,</p> <p>3. A charge that “negative testimony is such testimony as is given negativing certain facts, and is never in law entitled to as much credence as positive testimony,” is erroneous as a charge upon the weight of the evidence.</p> <p>4. A witness having testified that she saw the defendant do the , shooting, and exclaimed to him, “Frank, you have done killed Jim,” her daughter also present at the shooting was permitted to testify she heard her mother make the exclamation. Held, not hearsay.</p>