Wallace v. State

Citations

• 41 Fla. 547
• 26 So. 713

Syllabus

<p>1. To sustain pleas of former conviction or former acquittal, it must be shown that the offence of which such former conviction or former acquittal was had, was the same. as the one charged in the indictment to which such pleas are interposed.</p> <p>2. Where accused persons entered into one general conspiracy to accuse various other persons of offences of keeping bawdy-houses for the purpose of extorting money, and in pursuance of the conspiracy did so accuse such other persons and extort money from them, neither a conviction of such accused persons upon a charge for the conspiracy, nor an acquittal upon a charge of maliciously verbally threatening to accuse one of their victims of the offence of keeping a bawdy-house for the purpose of extorting money, constitute any defense to a charge of maliciously verbally threatening to accuse another of their . victims of the offence of keeping a bawdy-house for the purpose of extorting money, because the offences are entirely separate and distinct.</p> <p>3. Although the court may err in admitting evidence of acts of a third person material to the issues, without proof that such third person was acting'under authority from the defendant, yet if the defendant as a witness admits the authority of such persons to do the acts, the error is cured.</p> <p>4. Evidence of another and distinct crime committed by a defendant, in no way connected by circumstances with the one for which he is being tried, is inadmissible; but proof of any fact with its circumstances, even though amounting to a distinct crime, if it has some relevant bearing upon the issue being tried, is admissible.</p> <p>5- Evidence of defendant’s acts prior or subsequent to the alleged offence which logically tend to prove the criminal intent or guilty knowledge where they are material is admissible, even though such evidence tends to prove the commission of another offence. Likewise, where the crime charged is one of a system of criminal acts occurring so near t