Thomas v. State

Citations

• 49 Fla. 123

Syllabus

<p>1. If a ruling of the trial court in refusing to give an instruction asked for is not excepted to at the time of the refusal, an assignment of error based on such ruling will not be considered by the appellate court.</p> <p>2. In a prosecution under an indictment charging the murder . of Chap Ford a charge to the jury that “if the deceased was sometimes called Chap Ford and sometimes called Chappel White, and the evidence before you convinces you of this fact beyond a reasonable doubt, and the evidence further convinces you beyond a reasonable doubt of the guilt of the defendant, you will find the defendant guilty of such degree of unlawful homicide as the evidence convinces you beyond a reasonable doubt that she is guilty of,” is not subject to the objection that it is erroneous be-, cause the indictment does not give the name of the deceased as being Chap Ford alias Chappel White, there being evidence upon which to predicate the charge.</p> <p>3. In a prosecution for murder where the testimony shows that the person killed was known and called by the name alleged in the indictment a conviction will not be set aside because there was testimony that the deceased was also known and called by another name.</p> <p>4. Where the verdict is sustained by the evidence it will not be disturbed.</p>