Walker v. State

Citations

• 34 Fla. 167

Syllabus

<p>1. A ruling of the court below upon the competency of a witness must be duly accepted to in said court, or it can not be considered here.</p> <p>2. A wife is permitted in this State to testify for or against her husband in a criminal case.</p> <p>3. Where a witness is called to testify about an occurrance, happening so short a time before the homicide, as to be practically a part of the same difficulty, it is error to exclude the testimony.</p> <p>4. In an indictment for murder where the wound was an incised one, it is not necessary to state the dimensions of the same.</p> <p>5. An indictment for the murder which alleges the mortal wound to. have been given with a knife, and to have been inflicted “in and upon the bondy” of the deceased, is in that respect sufficient. It is not necessary to state upon what particular part of the body the wound was inflicted.</p> <p>%. In that portion of an indictment for murder stating the part of the body upon which the mortal wound was inflicted, it is sufficient to say that it was upon the body of the deceased. As thus used the word body has a well-understood ordinary meaning. It is the trunk of the human frame distinguished from the head and the limbs. It is that portion which, excluding the arms, lies between the upper part of the thighs or hips and the neck.</p>