Williams v. State

Citations

• 45 Fla. 128

Syllabus

<p>1: When an indictment for murder in the first degree conforms to the statute, in alleging that the assault was made and the shooting was done “unlawfully, feloniously and from a premeditated design to effect the death” of the person shot, it is not necessary to further allege that the assault and shooting were made and done with malice, or with malice aforethought.</p> <p>2.Where it does not appear that the action of the trial judge ■ in excusing a person called as a juror was in any way prejudicial to the defendant, or that there was any abuse of discretion, no error is shown.</p> <p>3.In the conduct of a trial, the trial judge must necessarily exercise a large discretion in excusing persons from jury service, in dealing with jurors who are sick, and in convening and adjourning the court, and where his conduct of the trial is not in any way prejudicial to the defendant or in violation of any law, it affords no ground for reversal of a case.</p> <p>4.A witness who is a physician and who has testified as an expert for the defendant, and had stated that the defendant was suffering from acute delusions of insanity, “may properly be asked on cross-examination:” “In discussing the act of a person is not this the test of delusional insanity? Did he do the act under the delusion believing it to be other than it was?” and the further question “Then.if that person does the act knowing what it wa^ believing it to be exactly as it was, is he laboring under any delusion?”</p> <p>6.A general objection to a question asked a witness, no precise ground of objection being stated, where the question objected to is not palpably improper and inadmissible for any purpose or under any circumstances, will not be considered.</p> <p>6. When a single assignment of error, embraces objections to the rulings of the court on three distinct and separate questions asked a witness, this court will consider such an assignment no further after discovering that one of the objections is without meri