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61 Fla. 22

Gee v. State

Supreme Court of Florida

Decided January 15, 1911

Supreme Court of Florida · decided 1911-01-15

This case was decided by Division A. Writ of error to the Criminal Court of Record for Du-val County. The facts in the case are stated in the opinion of the court.

Relies on Hopkins v. State · Goff v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1911-01-15

How this case has been cited

Cited by 19 later decisions — most recently September 1957

19 state decisions

10019111920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whitfielb, C. J.

¶1George Gee was informed against and convicted for manslaughter in the Criminal Court of Record for Duval County, and took writ of error.

¶2The deceased was shot by the defendant while they with others were on a frolic and drinking. A State witness was asked on cross-examination if before the shooting he had had a conversation with an employee of a barroom who had told witness that it was against the law to sell whiskey to drunken people. An objection to the question was sustained and an exception noted. The relevancy of this question does not appear. If the purpose was to show the defendant was drunk, the question was objectionable because even if the remark had reference to the defendant it did not call for the best evidence, and further because the guilt of the defendant is not affected by his being merely drunk. The court properly sustained an objection, as irrelevant and immaterial, to a question oh cross examination as to whether the witness who was present at the shooting had not told the mother of the de*24ceased that witness took the pistol along of his own free will and felt in a measure responsible for the occurrence. Another question calling for testimony tending to show the witness had taken the pistol along was properly overruled as being irrelevant.

¶3There is no exception to the ruling assigned as the third error.

¶4An assignment of error that the court erred in admitting “testimony showing premeditation on the part of defendant to effect death,” is too general to merit consideration where no definite objections and exceptions are pointed out. Evidence admissible on the issues here may tend to show premeditation without making it inadmissible.

¶5The court refused to give the following requested instruction :

“If you find from the evidence that the defendant assaulted said decedent with a deadly weapon to-wit a pistol, that the defendant had no intent to kill tire decedent or any other person, that as the result of such assault the said Roy Thornton was killed, then the defendant is guilty of aggravated assault, and not guilty of manslaughter as charged in the information.”

¶6This charge was properly refused as inapplicable to the facts of this case since the party assaulted died as a resulf of the wound received.

¶7No reversible error appears in the charges given, excepted to and assigned as error and argued here. One charge given does not give the entire statutory definition of manslaughter, but this is supplied in a subsequent charge given. The facts of the case did not call for .a charge on murder in the third degree in defining manslaughter. The feature of the charge referring to the intent with which the defendant made the assault upon the deceased was not unfavorable to the defendant. The tran*25script does not show that any fundamental right has been violated, and the evidence of defendant’s guilt is of such a nature that no harm could have resulted to him even if there were technical errors in the rulings of the court in rejecting the testimony, or in giving or refusing the charges complained of. See Hopkins v. State, 52 Fla. 39, 42 South. Rep. 52; Goff v. State, 60 Fla. 13, 53 South. Rep. 327.

¶8The judgment is affirmed.

Shackleford and Cockrell, J. J., concur;Taylor, Hocker and Parkhill, J. J., concur in the opinion.
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