The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-25

IdlHClH III CIIOI, VS.. Inc state OF
Florida, Defendant in Error-Orange
county.
j.:
Observation-Disclosures, restricting argu-
ment, repeating charges
/. In trial for murder, where the de-
fendant, Immediately after Staying the
deceased, proceeded to shoot at, chase.
threaten and endeavor to kill the mother
of the deceased who was present and
witnessed the killing, such subsequent
threats and acts Of the defendant are ad-
missible in evidence as part Of the res
qtstp, and to show the animus of the de
fendant.
2 In the argument Of any cause to
jury, it is improper for counsel to state
facts that are not pertinent to the case
on trial, and as to which there is no evi-
dence; and, upon objection being made
thereto, it is proper for the court to re-
strict the argument to the evidence in the
cause.
g. Where the court has already fully
instructed the jury upon the law of the
case, it is not error to refuse request
o.give other charges, couched in different
language, but that are in substance moth
ing more than a repetition of those
already given.
Judgment affirmed
]. NJ. Cheney, for plaintiff in error;
William B. Lamar, attorney-general, for
defendant in error.
A. G. Bigelow and J. D. Taylor, Plain
tiffs in Error, VS. D. p. Summers, De-
fendant in ErrOr-COlumbia county.
TAYLOR j.:
ESTABLISHING LOST PAPERs-Notes.
Under the provisions of section 1, page
1856, McClellan's Digest, (section 5, act of
November 21st, 1929 the circuit courts
have power to establish copies Of prom
issOry notes or other written papers in
lieu of the lost originals thereof
Judgment affirmed.
G. r. King, for plaintiff in error; W.
NJ Ives, for defendant in error.
Tohn Pinson, Plaintiff in Error, VS. The
State os Florida, Defendant in Error
Madison county.
MABRY, j.:
/. In the offense of lewd and lascivious
association and cohabitation, under sec
ton z, page 375 McClellan's Digest, there
is included both lewd and lascivious in
tercourse and a living or dwelling TO-
gether as if the conjug~l relation existed
between the parties.
2 Tn G ,es,.. ~. dese,d< nts Of
iewd AMI lascivious association and CO.
habitation, the evidence must satisfy the
jury beyond a reasonable doubt that said
defendants were not married to each
other, and that they lived or dwelt to-
eether as though the conjugal relation
existed between them in lewd and lasciv-
ious intercourse; the jury are the sole
judges of what facts and circumstances
constitute such living together, and IN
a case where the lewd and lascivious in
tercourse depends upon circumstances,
the trial judge trenches upon the pro-
vince of the jury if he attempts to SUBJ
stitute his inference from the facts Of the
case for what might be theirs.
3. An exception taken to a portion of
a charge must be considered in connec-
tion with the remainder of the charge on
the same subject, and if the charge,
taken as an entirety, is free from the OBJ
lection urged, the exception will not be
sustained
f. 1t is settled rule that general ex-
ception to a charge, or general excep-
tion to several charges, will not be good
if the charge or any of the charges ex-
cepted to contain correct proposition of
law applicable to the case.
5. It is not error to refuse to give in
structions asked, though they contain
correct propositions of law, if the judge
has already given correctly in substance
such instructions.
6 A recital in motion for new trial
of itself does not afford evidence that
the matters recited transpired during the
trial
Judgment reversed.
Alexis NJ. Nicholson, for plaintiff in
error: William B. Lamar, attorney
general, for de endant in error
Frank Holton, Plaintiff in Error, VS.. The
State of Florida, Defendant in Error
Columbia county.
TAYLOR, j.:
INTERCOURSE WITH FEMALES WITHIN
PROHIBITED AGE-Indictmen
tionality of law-Evidence.
/. Chapter 376O, laws of 1887. entitled
San act to protect females OF immature
age and Judgment from Righteousness,
held not to be obnoxious to that provis-
ion of section 16 of Article III, Constitu-
ton Of 1885, that provides, "Each law
enac ed in the legislature shall embrace
but one subject and matter properly con-
nected: Herewith, which subject shall De
briefly expressed in the title" :,
2. K liberal rule of construction should
be applied when the constitutionailty OF
legislative enactments are questioned !:
and every reasonable doubt should DC re-
solved in favor of the constitutionaiity OF
the act assailed.
3. An indictment under the provisions
of chapter 376O, laws of 1887, is sufiicient
if it charges the offense in the language
Of the statute, every necessary ingredieas
of the crime being included In the words
of the statute. ~.
4. It is unnecessary, In such an inolcI.
ment, to allege that the act charged was
with or without consent, or with or VIII
out force; or that 1t was knowingly OF
wilfully committed. ~.
8 In such cases testimony az 20 tne
prior habits or character OF the female 10
inadmissible, az 1t is immateriai