Williams v. State

Citations

• 32 Fla. 315

Syllabus

<p>1. The rule is well settled that a party has no right to cross-examine any witness except as to facts and circumstances connected with the maters stated in his direct examination, and if he wishes to examine him as to other matters he must make the witness his own. But this rule pern its an inquiry on cross-examination into all the facts and circumstances connected with the matters of the direct examination.</p> <p>2. For the State a witness testified that he was standing' at the east ' side' of a house called a commissary where deceased was killed, and saw the accused there a short time before the killing; that while at the building called the commissary, witness heard the accused use language indicating a purpose to kill the deceased, such as “if you don’t pay me. I am going to kill you.” On cross-examination the witness was asked what kind of a building was-that commissary, and the question was excluded by the court on the ground that it was not a proper cross-examination: Held, To be error. The question was not only a legitimate cross-examination, but it can not be said to be immaterial, as the witness’ answer may have been the means of establishing the fact that he was not at the house, and did not hear and see what he related.</p>