Sutton v. State

Citations

• 64 Fla. 150

Syllabus

<p>1. Where the defendant is charged with the statutory offense of wantonly and maliciously shooting at or into an occupied house, testimony as to whether persons in the house were struck by the shots fired into the house is admissible, even though it relates to a distinct crime, since such testimony is relevant to the issue being tried and it may be material.</p> <p>2. In a prosecution for wantonly and maliciously shooting into an occupied house, testimony that a person who was with the accused at the time was struck by shots fired from the house and that persons in the house were drinking whiskey, is not material to the issue being tried.</p> <p>3. In a prosecution for maliciously shooting into a house, testimony as to the circumstances but not the merits of a previous difficulty between the defendant and a party in the house may be material and relevant in showing a motive for the offense charged.</p>