49 Fla. 34 | Fla. | 1905
The plaintiff in error was indicted for the murder of Wylie Tridgeon and convicted of manslaughter in .the Circuit Court for Jackson county, and brings this writ of error from the judgment.
The court permitted the defendant to prove that deceased was a trespasser- while in the house occupied by the defendant.
The answer to the second question above quoted was properly excluded as immaterial since it did not appear that the deceased was gambling in the house.
A witness for the defendant was by the defense asked the question: “Do you know whether or not Wylie Pridgeon (the deceased) had been forbidden to go on these premises?” An objection by the State to this question was sustained, and án exception noted. The question was not limited to the enquiry whether the defendant had lawfully forbidden the deceased to go on the premises, and it was properly excluded. The same witness was asked by the defense: “Do you know what his (deceased) business was?” and “what was his business?” The difficulty between the defendant and the deceased did not arise from discussing any business matter. These questions were clearly immaterial as the business of the deceased had no material bearing on defendant’s guilt or innocence of the crime for which he was being tried, and they were properly excluded.
The State in rebuttal called, a witness who testified that she was an official court reporter. She was asked by the State whether she reported the case before the committing magistrate. This question was objected to on the groun 1 that the law providing for a court reporter does not provide for reporting cases in any court except Circuit Courts. The witness testified that she took the testimony in the case referred to infcher capacity as a stenographer,
Exceptions were taken to charges requested by the defendant and refused by the court upon the questions of presumption of innocence, reasonable doubt, and consideration of the evidence given by the defense and by the State. These subjects were fully covered by the general charge of the court, and it was not error to- refuse the charges requested.
Exception was taken to the refusal of the court to give a charge requested by the defendant on the subject of self defense, and also to the giving of the charge with this addition: “Provided he had used all reasonable means wiihin his power, consistent with his own safety, to avert the danger and avoid the necessity of taking Pridgeon’s life.”
The defendant can not complain of a charge given at his request unless the modification of it by the court before giving it made it erroneous. The language of the modification made by the court in the proviso above quoted has been approved by this court in the case of Peaden v. State, 46 Fla. 124, 35 South. Rep. 204, and we now hold that there was no error in refusing to give the charge as requested, nor in giving the charge as modified.
The court refused to give a charge requested by the defendant, but did give it with the following added thereto: “Provided he had used all other reasonable means in his power, consistent with his own safety, to avert the danger and to avoid the necessity of taking Pridgeon’s life.” The charge as requested to be given is: “If you should believe from the evidence that the defendant was free from fault
The evidence amply sustains the verdict.
The judgment is affirmed.