Witt v. State

Citations

• 80 Fla. 38
• 85 So. 249

Syllabus

<p>1. Where there is substantial evidence which if the jury be- ' • lieves Avould sustain the verdict, and the trial judge refuses . to set it aside, the verdict will not be disturbed.</p> <p>2. No error can be predicated upon the refusal to give a requested instruction that is substantially given in the general charge.</p> <p>3. It is the duty of the' trial court to instruct the jury on the law applicable to the facts proven, and a refusal to do so when asked will be error; but if a party wishes to avail himself of the omission of the court to charge the jury on any point in the case, he must ask the court to give the instruction desired; otherwise he will not be permitted to assign the omission as error.</p>