The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-11-28
TALLAHASSEE FLA. SATURDAY, NOVEMBER 2s 1891

court, and its ruling, refusing the change.
VIII not be disturbed, unless 1t appear
rom the facts presented that the court
tion.
3. The refusafsf the court to grant
3 change Of venue, where the applica-
ton is based upon the grounds that q fair
and impartial trial cannot be had in
county, and that the accused is odious to
the inhabitants thereof, and supported
BY the unc0rrohorated afiidavit Of the ac-
cused, although the facts therein stated,
II true, are sufficient to require the
change, will not be reversed on writ of
error, in the absence of anything to show
that the decision of the court was not
based upon the Efficiency of the proof
of the facts alleged in the affidavit. and
that the accused was not prevented from
getting corroborative evidence by hostile
public sentiment.
3. A party has no right to cross-exam-
inc witness, except as to facts and cir
cumstances connected with the matters
stated in his direct examination, and If
he wishes to examine the witness as to
other matters he must do so by making
the witness his own.
2. An accomplice, jointly indicted and
as to whom the indictment has not been
disposed of, can testify on behalf Of the
state against his,co defendant on q sepa-
rate trial; and I'D such case the wife of
the accomplice is competent witness for
the state.
8. A map, diagram or picture, whether
made by the hand of man or, by photo
graphy, verified as correct representa-
ton of physical objects about which tes-
timony is offered, and which do not con.
tain thereon Indications Of matters and
things in question before the Jury, and
not part of the physical objects when
the map, diagram or picture was made,
are admissible in evidence for the use of
witnesses in explaining their evidence,
and to enable the jury to better under
stand the case.
8. Under the defense of an Gli5i it is
sufficient If there Is enough evidence to
produce Ia the minds of the jury reason.
able doubt az to the presence OF the
prisoner at the scene of the killing. The
evidence Of an Glibi need not make II inn
possible for the prisoner to be present at
the killing, nor is it required that such evil
dence be absolutely clear. but It is suffici-
ent ifit raises reasonable doubt in the
mind of the jury, from all the circumstances
Of the case, whether or not the accused was
present at the killing.
10. Ills the province OF the court to pass
upon the admissibility of the evidence, but
when admitted, its credibilty and weight
are nueett0na fDf the Jury. The trial Judge,
sui46r our 81 stem, u spruhibiteH from intf-
mating TO tbs jury his views ~ to the
eject, weight or oredibility of any tsssi-
mony before him. =
II. A charge 10 The jury that "when
proof OF an alS5i is attempted, and proven
to the satisfaction of the jury, 1t is conclu-
sive OF the case; when it is attempted, and
the proof to sustain it is not satisfactory,
the failure to prove it satisfactorily is a
circumstance unfavorable to the defendant,
but it is no more 80 than an attempt to
clear himself by any other false or fabri-
Gated testimony: Held, to be erroneous.
10 1t is not proper for trial Judge to
state in his charge to the Jury the facts ol
case decided by our supreme court, and
then submit to them the question, whether
or not that case and the one under consid
Grafton are parallel. Such course would
not be giving the law of the case, but
would leave the jury to form notions Of
the law by comparison OF the two cases
IS. Under an indictment for murder in
the first degree, the question of premedita-
tion is, one of fact, to be ascertained by the
Jury from the facts and circumstances 0i
the case. The law does not presume NAL
ice or premeditation from the fact of kill
ing. but such state of mind is TO be ascer
tained by the jury from the circumstances
surrounding the killing.
IA. 10 q capital Case the prisoner must
be present during the trial, and no steps
can be taken by the court in his absence.
Judgment reversed.
r. B. Blackwell and A. j. Henry, fol
Plaintiff in error; No appearance for the
State.