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White v. State

Citations

  • 59 Fla. 53

Syllabus

<p>1. Great latitude is to be allowed in the reception of indirect, or circumstantial evidence. It includes all evidence of an indirect nature, whether the inferences afforded by it be drawn from prior experience, or be a deduction of reason from the circumstances of the particular ease, or of reason aided by experience. The competency of a collateral fact to be used as the basis of legitimate argument, is not to be determined by the exclusiveness of the inferences it may afford in reference to the litigated fact. It is enough if these may tend, even in a slight degree, to elucidate the inquiry or to assist, though remotely to a determination probably founded in truth.</p> <p>2. In a prosecution for murder evidence as to the particulars or merits of a previous difficulty between the defendant and the deceased, not within the issues being tried, is not admissible.</p> <p>3. Where a homicide is shown and an issue of self-defense is made, evidence is admissible as to the fact of a hostile meeting between the defendant and the deceased shortly before the fatal encounter, and also as to the apparent feeling of the parties towards each other when théy separated, since such circumstances may tend to show the probable attitude of friendliness or hostility of each towards the other when the fatal meeting occurred.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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