Williams v. State

Citations

• 73 Fla. 1198
• 75 So. 785

Syllabus

<p>1. In the trial of one under an indictment for murder where the evidence is sufficient to support a verdict of guilty of murder in the first degree, a verdict of manslaughter will not be disturbed upon the ground that the evidence is not sufficient to \\support a verdict of that degree of homicide.</p> <p>2. A question so framed as to require an affirmative or- negative answer as to a transaction having no relevancy to the issue is amenable to the objection that it calls for irrelevant testimony.</p> <p>3. In the trial of a- person charged with crime, a question embodying an insinuation against the knowledge of law or intelligence of a witness then being examined propounded by the State Attorney to a witness 'for the defendant and withdrawn upon objection by the defendant, is not such misconduct of the prosecuting officer as to require a reversal of the judgment.</p> <p>4. In the trial of one for murder where the evidence is circumstantial and there is evidence tending to show that thé deceased was killed by being shot with a firearm of a certain calibre, it is not error to admit in evidence the testimony of one that defendant owned and possessed a firearm of the same calibre.</p> <p>3. Deductions which may be reasonably drawn from the evidence are permissible in argument by counsel before the jury although such deductions may be questioned by opposing counsel.</p> <p>6. An instruction given by the court to the jury which admonishes them that circumstantial evidence when sufficient to establish the guilt of the accused beyond a reasonable' doubt is sufficient in quality and character of proof to sustain a conviction, is not rendered harmful to the degree of requiring a reversal of the judgment because the court subjoins to liis instruction an incorrect reason or theory upon which that character of evidence is admissible.</p> <p>7. Correct propositions of law applicable to the evidence which are contained in instructions given by the court in its general charge ne