Weaver v. State

Citations

• 58 Fla. 135

Syllabus

<p>1. The recital in a motion for new trial ,of the ground of challenge of a juror is not evidence of itself that the matters recited transpired during the trial.</p> <p>2. Where the record does not exhibit the entire charge given to the jury the appellate court cannot say that the trial court erred in refusing to give a specific charge requested by the defendant.</p> <p>3. Where a special instruction was requested by the defendant, and the court merely endorsed the same “Refused, exception noted,” dating and signing it, but did not “declaro in writing to the jury his ruling thereupon as presented,” and did not “pronounce the same to the jury as given or refused,” in compliance with the provisions of section 1498, General Statutes, the error is waived by a failure of the defendant to reserve an exception to the proceeding promptly before verdict; an exception taken for the first time after verdict in the motion for new trial is too late. Any expressions in Fridenbiirg v. Robinson, 14 Fla. 130, in conflict herewith are disapproved.</p>