Witherspoon v. State

Citations

• 76 Fla. 445
• 80 So. 61

Syllabus

<p>1. A new trial should not be granted for errors of procedure that are not fundamental, where it appears. to the Court that substantial injury or injustice could not reasonably have resulted from such errors to the party complaining of them.</p> <p>2 Where the Court gives full charges for acquittal unless the defendants guilt appears from the evidence to the exclusion of and beyond a reasonable doubt and also charges that if any material allegation of the indictment is not proven to the exclusion of and beyond a reasonable doubt, the defendant must be acquitted, it is not error to refuse a charge that a reasonable doubt is that state of mind when the jurors cannot feel an abiding faith amounting to a moral, certainty from the evidence of the defendant’s guilt as alleged.</p> <p>3. Where the evidence is legally sufficient to sustain the verdict and it does not appear that the Jury were not governed by the evidence in reaching the verdict, and no material errors of law or procedure appearing, the judgment upon the verdict will be affirmed.</p>