West v. State

Citations

• 53 Fla. 77

Syllabus

<p>1. When a map is offered in evidence and'it is found by the court to be a true representation of a subject about which testimony is being given, it is admissible to be considered by the jury not as independent testimony, but in connection with other evidence, to enable the jury to understand and apply such evidence.</p> <p>2. The testimony of a competent witness as to the difference in the sound of pistols of different calibers and as to which of several pistol shots which he heard sounded to him to' be the louder, is admissible, the credibility or probative value of the testimony being for the determi- . nation of the jury.</p> <p>3. Evidence of self-serving declarations and conduct, such as statements and conduct of the defendant in his own favor, when they are not a part of the res gestae, or when they form no part of conversations or conduct introducen by the prosecution, should not as a rule be admitted iu a criminal'prosecution, as it is liable to mislead or confuse the jury, and for the reason that the admission of such evidence would give ah opportunity to fabricate testimony for the occasion.</p> <p>4. In a prosecution for murder a charge which states.to the jury that if they find from the evidence certain facts as to threats and demonstrations by the deceased and adds “and before such acts and demonstrations on the part of the deceased the defendant did not slap or kick at' deceased, then the defendant is not deprived of the plea of self-defense, if such plea is otherwise sustained by the evidence,” is erroneous in that it in effect instructs the jury that the defendant is “deprived of the plea of self-defense” if before the threatening acts and demonstrations on the part of deceased the defendant slapped or kicked deceased, without reference to whether or not such slapping or kicking was justified or lawful.</p> <p>6. If the word “having” is omitted from the following charge: “If you find from the evidence in this ease that the defendant W. was the agg