Willingham v. State

Citations

• 21 Fla. 761

Syllabus

<p>1. The duty imposed by statute upon the Clerk of the Circuit Court to draw from the box the names of persons to serve as grand jurors at a term of the court may be performed by a deputy.</p> <p>S. When separate paragraphs or parts thereof of a charge to a jury are excepted to, the whole charge should be considered, and if considered as a whole the charge is free from the defects alleged, the exception should be overruled.</p> <p>3. The Judge charged the jury upon the subject of intoxication and insanity. There was no testimony as to the prisoner being a drunkard, or that he had been drinking, or was at the time of the killing under the influence of liquor, or as to any insanity or mental aberration or delusion, and nothing calculated to raise a reasonable doubt as to his being sober, and free from such mental affliction; Meld, That the refusal of a new trial should not be reversed even if there was error in the charge, the verdict being clearly sustained by the evidence and nothing appearing calculated to mislead the jury or to operate injuriously to the prisoner in view of the facts of the case.</p> <p>4. Objection to the argument of counspl as being beyond’ the evidence or otherwise improper should be made at the time of such abuse of the right or privilege of argument, and action of the court overruling the objection, and the fact that exception was taken to such ruling should appear, with the objection, in the bill of exceptions, in order to obtain a review of the ruling by the appellate court.</p> <p>5. Where an objection to remarks of counsel as violating the right or privilege of argument, or other objection of a similar character, is made in the trial of a cause before a jury, and no ruling of the court thereon is shown by the bill of exceptions, the objection will be held to have been waived. Likewise, if an adverse ruling- is shown, but no exception thereto.</p> <p>6. No exception to the omission of the Clerk of the Circuit Court to put the usual file m