Wolf v. State

Citations

• 72 Fla. 572
• 73 So. 740

Syllabus

<p>1. A motion to quash an indictment which consists of more than one count should be denied if the indictment contains one good count.</p> <p>2. An indictment will not be quashed for indefiniteness in its allegations, unless it is so vague and indefinite as to mislead or embarrass the accused in the preparation of his defense or subject him to the danger of a new prosecution for the same offense.</p> <p>3. The right to peremptorily challenge jurors may be exercised until they are sworn in chief.</p> <p>4. Evidence which is irrelevant, but prejudicial to the defendant, should not be admitted, and the admission of such evidence over the defendant’s objection, constitutes reversible error.</p> <p>5. An instruction which is based upon evidence which is irrelevant and prejudicial to defendant, and which is admitted over his objection, should not be given.</p> <p>6. It is not error to refuse an instruction which is argumentative and which invades the province of the jury which is to determine what degree of credence should be placed upon the testimony of a witness.</p>