Tucker v. State

Citations

• 64 Fla. 518

Syllabus

<p>1. Evidence of an extra judicial confession of guilt standing alone will not authorize a conviction on a criminal prosecution, even though the jury believe the confession was made as testified to and that it is true. There should be some additional substantial evidence, direct or circumstantial, of the corpus dilicti.</p> <p>2. Statements of facts or circumstances that do not in effect or by fair inference admit the commission of a crime, do not in general constitute a confession of guilt of a crime.</p> <p>3. Where in a criminal prosecution an erroneous charge given is not obviously cured by other charges given, and such erroneous charge was well calculated to mislead the jury, a reversal may follow a conviction where the evidence of the defendant’s guilt is conflicting or is not manifestly convincing.</p> <p>4. A charge that “in passing upon the credit you will attach to the testimony of any given witness who testifies, including that of the defendant, it is proper for you to consider the demeanor of the witness on the stand, the rea- ' sonableness or unreasonableness of his or her statement,” is not erroneous.</p>