42 Fla. 192 | Fla. | 1900
Plaintiff in error was tried and convicted at the June term, 1899 of the Criminal Court of Record of
I. The fifth and eighth’assignments of error relate to alleged ruling's of the court excluding testimony offered by plaintiff in error, and the seventh relates to an alleged ruling of the court permitting an attorney other than the County Solicitor to assist in the prosecution, to examine witnesses and to make the concluding argument to the jury without being sworn as assistant State’s counsel. As to these assignments it is sufficient to say that the rulings upon which they are based do not appear from the transcript of the record, otherwise than by an assertion of the facts in the motion for a new trial. There is nothing in the bill of exceptions to show that the testimony mentioned in these assignments was offered and rejected, or that the attorney mentioned was engaged in the prosecution of the case, or that the plaintiff in error took an exception to any'ruling during the trial. We can not regard the statement of facts in the motion for a new trial as evidence. Garner v. State, 31 Fla. 170, 12 South. Rep. 638.
II. The other assignments of error aré based upon the ruling denying the motion for a new trial, and in support of such assignments it is contended that the venue was not proven, and that the evidence was insufficient to support the verdict. The testimony shows that the offence was commited in Port Tampa City, and various localities and landmarks in Port Tampa City are referred to as being near the place where the of-fence was committed. The rule in this State regarding proof of venue is declared in Duncan v. State, 29 Fla. 439) 10 South. Rep. 815, to be as follows: Where the
The judgment is affirmed.