White v. State

Supreme Court of Florida
White v. State, 84 Fla. 677 (Fla. 1922)
95 So. 113
Browne, Ellis, Taylor, West, Whitfield

White v. State

Opinion of the Court

Per Curiam.

On the authority of Ford v. State, 44 Fla. 421, 33 South. Rep. 301; Davis v. State, 46 Fla. 137, 35 South. Rep. 76; as to the plea-in abatement; and of Gee v. State, 61 Fla. 22, 54 South. Rep. 458; Goff v. State, 60 Fla. 13, 53 South. Rep. 327; Owens v. State, 65 Fla. 483, 62 South. Rep. 651; Pittman v. State, 82 Fla. 24, 89 South. Rep. 336; Dixon v. State, 79 Fla. 586, 84 South. Rep. 541 ; Johnson v. State, 80 Fla. 61, 85 South. Rep 155; Reeves v. State, 68 Fla. 96, 66 South. Rep. 432; Lewis v. State, Breen v. State, and Shuler v. State, decided at this term, and other similar decisions as to harmless errors of procedure, the .judgment of conviction herein should be affirmed.

The evidence is amply sufficient to sustain the verdict of murder, in the second degree -and the judgment of cón.viction rendered upon the verdict was proper.

*678. ' The- judgment should not be reversed or a new trial granted in any case, civil or criminal, for errors in rulings upon the admission or rejection of evidence, or for errors in giving or refusing charges, or for errors in any other matter of procedure or practice unless it shall appear to the court from a consideration of the entire cause that such errors (injudiciously) affect the substantial rights of the complaining party. Nor should a judgment be reversed or a new trial granted on the ground that the verdict is not sustained by the evidence, upless it appears that there was no substantial evidence to support the finding, or that upon the whole evidence the verdict is clearly wrong,, or that the jury were not governed by the evidence in making their' finding. • ' "

Affirmed.

Browne, C. J., and Taylor, Whitfield, Ellis and West," J. J., concur.

Reference

Full Case Name
Hattie White, alias Hattie Johnson, in Error v. The State of Florida, in Error
Cited By
3 cases
Status
Published
Syllabus
No material or harmful errors of law or procedure being made to appear in the record of the trial, the judgment herein of conviction of murder in the second degree is affirmed.