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Davis v. State

Dock Davis, in Error v. The State of Florida, in Error

Davis v. State, 66 Fla. 349 (1913)
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Court
Supreme Court of Florida · State Highest Courts
Decided
November 11, 1913
Judges
Cockrell, Hocker, Shackleford, Taylor, Whitfield
Citations
66 Fla. 349
Disposition
Judgment affirmed.
Headnotes
Appellate Practice — Including In One Assignment of Error Refusals to Give Several Requested Instructions — Charges of The Court to The Jury Must Be Predicated On The Facts In Proof. 1. Where two or more refusals to give separate instructions requested, are grouped together en masse in a single assignment of reror, the appellate court will go no further in the consideration of such an assignment after finding that anyone of such instructions was properly refused, but must then adjudge such assignment to have failed. 2. Charges to the jury must be predicated on facts in proof and must be applicable to such facts.
Summary
Writ of error to Circuit Court of Wakulla County; J. W. Malone, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Taylor

Text extracted by OCR from a scanned original; check the original for exact wording.

Taylor, J.

The plaintiff in error, hereinafter referred • to as the defendant, under an indictment charging him *350 with murder in the second degree, was tried and convicted oí manslaughter in the Circuit Court of Wakulla County, and by writ of error brings the judgment and sentence here for review.

Under a single assignment of error the defendant groups the refusal of the trial Judge to give to the jury two separate requested instructions designated as 2 and 3. In consonance with the established rule here to the effect: that where two or more refusals to give separate instructions asked for, are grouped together en masse in a single assignment of error, the appellate court will go no further in the consideration of such an assignment after finding that any one of such instructions was properly refused, but must then adjudge the assignment to have failed. Peeler v. State, 64 Fla. 385 , 59 South. Rep. 899 ; Maloy v. State, 52 Fla. 101 , 41 South. Rep. 791 ; Ewert v. State, 48 Fla. 36 , 37 South. Rep. 344 , we find that this single assignment must be adjudged to have failed because the requested charge No. 3, the refusal to give which is included in said single assignment, was properly refused as it was wholly irrelevant to the issues or facts in the case. Such charge may have had some applicability in a trial for murder in the first degree, but the indictment charged the defendant only with murder in the second degree, and he was on trial for the latter offense, where premeditated design, dealt with by this charge, has no place.

The defendant also assigns as error the refusal of the court to give a charge designated as No. 4 requested by him. There was no error in this ruling; the requested charge was hypothesized on a state of facts of which there were no proofs. Charges to the jury must be predicated on facts in proof and must be applicable to such facts. The proofs fully sustain the verdict found, and *351 finding no error in the record, the judgment of the court below in said cause is hereby affirmed at the cost of Wakulla County, the defendant having been adjudged to be insolvent.

Shackleford, C. J., and Cockrell, Hocker and Whitfield, J. J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 11918: 11919: 31922: 11925: 11927: 119152026peak 1919 · 3

Relies on it most ⓘ

  1. Roberts v. State of Florida113 So. 726 (Fla. 1927)
  2. Crawford v. State70 So. 374 (Fla. 1915)
  3. Mercer v. State92 So. 535 (Fla. 1922)
  4. Miller v. State80 So. 314 (Fla. 1918)
  5. Hollingsworth v. Norris81 So. 782 (Fla. 1919)
  6. Gadsden v. State82 So. 50 (Fla. 1919)

Most recent

  1. Roberts v. State of Florida113 So. 726 (Fla. 1927)
  2. Roberts v. State107 So. 242 (Fla. 1925)
  3. Mercer v. State92 So. 535 (Fla. 1922)
  4. Long v. State83 So. 293 (Fla. 1919)
  5. Gadsden v. State82 So. 50 (Fla. 1919)
  6. Hollingsworth v. Norris81 So. 782 (Fla. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Maloy v. State, 52 Fla. 101 (1906) 27
Ewert v. State, 48 Fla. 36 (1904) 10
Peeler v. State, 64 Fla. 385 (1912) 10

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