White v. State

Citations

• 63 Fla. 49

Syllabus

<p>1. A plea of former jeopardy, a jury having been discharged for inability to agree, should set up facts showing that the jury was discharged arbitrarily or capriciously, or without cause or necessity.</p> <p>2. A mistrial by reason of the inability of a jury to agree after four hours of deliberation does not constitute former jeopardy, even though the trial had lasted several days, the issue being comparatively simple.</p> <p>3. An exclamation “Jim for God’s sake don’t do that, it will ruin me,” uttered by the deceased shortly before the homicide, sufficiently shows his state of mind, and the court may refuse to go into the details of the causes leading to the exclamation.</p>