Williams v. LaPenotiere

Citations

• 32 Fla. 491

Syllabus

<p>. 1. A bill of exceptions under our statute becomes a part of the record of a cause for the purposes of review in the appellate court, and where proper exceptions have been taken to the instructions of the court to the jury, and they appear in the bill of exceptions, error maybe assigned upon them in this court on writ of error, although no motion for a new trial was made in the trial court.</p> <p>2. Where the testimony submitted to the jury and upon which a verdict may be based, is conflicting, it is clearly a violation of the statute, construed by many decisions in this State, for the court to instruct the jury to give more weight to one part, or kind, of the evidence than another. This is exclusively the province of the jury, and it must not be invaded by the court.</p>