Chancey v. State
| Decision Date | 21 October 1914 |
| Citation | 68 Fla. 93,66 So. 430 |
| Parties | CHANCEY v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Holmes County; D. J. Jones, Judge.
Frank Chancey was convicted of manslaughter, and brings error. Affirmed.
Syllabus by the Court
Under the laws of this state, a judgment should not be reversed or a new trial granted in any case, civil or criminal, for errors of procedure, unless it shall appear from an examination of the entire cause that the error has injuriously affected the substantial rights of the complaining party; and a judgment will not be reversed in appellate proceeding on the ground that the evidence is insufficient to support the verdict, where there is substantial legal evidence to sustain the verdict, and it does not appear that the jury were not governed by the evidence in making their finding.
The court may permit a child witness to testify preliminarily and then direct the jury to disregard the testimony admitted no substantial rights of the defendant being thereby injuriously affected.
A refusal of the trial court to permit the jury to view the locus in quo will not be reviewed, where no abuse of discretion is shown.
Circumstantial evidence may sustain a conviction of manslaughter.
COUNSEL Mathis, Price & Weeks, of Bonifay, for plaintiff in error.
T. F West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.
Upon an indictment for murder, Frank Chancey was convicted of manslaughter. On writ of error it is contended that the trial court erred in permitting a minor eight or ten years old to testify; in refusing to let the jury view the premises; in striking testimony as to certain tracks across a field near the scene of the homicide; and in denying a new trial on the ground of the insufficiency of the evidence to sustain the verdict.
Under the laws of this state, a judgment should not be reversed or a new trial granted in any case, civil or criminal, for errors of procedure, unless it shall appear from an examination of the entire cause that the error has injuriously affected the substantial rights of the complaining party; and a judgment will not be reversed in appellate proceeding on the ground that the evidence is insufficient to support the verdict, where there is substantial legal evidence to sustain the verdict, and it does not appear that the jury were not governed by the evidence in making their finding....
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