Clark v. State
| Decision Date | 27 December 1935 |
| Citation | 122 Fla. 310,165 So. 44 |
| Parties | CLARK v. STATE. |
| Court | Florida Supreme Court |
Rehearing Denied Jan. 25, 1936.
Error to Circuit Court, Pinellas County; John U. Bird, Judge.
Charlie Clark was convicted of assault with intent to commit murder in the second degree, and he brings error.
Affirmed.
Joseph W. Nichols, of Clearwater, for plaintiff in error.
Cary D. Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The writ of error brings for review judgment of conviction of assault with intent to commit murder in the second degree.
Two questions are stated by attorney for plaintiff in error in his brief. The first questions the sufficiency of the evidence to establish the identity of the accused as the person committing the alleged unlawful assault. The identification by one who testified she was an eyewitness was positive and unequivocal. The jury evidently believed she spoke the truth and that question was settled.
By the second question is challenged the propriety of certain questions propounded to a witness for the defense by the trial judge.
We find no reversible error to have been committed by the court in this regard. The record shows that the trial judge was simply trying to get at the facts as related by the witness and he instructed the jury when objections were interposed after the questions had been asked and answered, that this was his sole purpose, and that the jury should not draw any inference from his questions that he had any opinion one way or another as to whether or not the witness was speaking the truth. Certainly, if the trial judge is not clear as to what a witness is attempting to state as facts in a case, he should have the witness clarify the statements so that there may be no doubt as to what the witness purports to state. The severity of the sentence in this case impels us to say that it is a proper one to be submitted to the consideration of the state board of pardons.
We find no reversible error in the record.
Judgment affirmed.
So ordered.
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Younghans v. State
...trial judge was not clear as to what a witness was attempting to state, he should have the witness clarify the statements. Clark v. State, 122 Fla. 310, 165 So. 44. The participation by the court in the questioning of the witness was not shown to have in any way prejudiced the right of the ......
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Brunson v. State, 85-2717
...testimony adduced below sufficiently establishes the identity of the defendant as the assailant in this case. See Clark v. State, 122 Fla. 310, 310-11, 165 So. 44, 45 (1936); McClendon v. State, 372 So.2d 1161, 1162 (Fla. 1st DCA 1979); Yuanis v. State, 347 So.2d 448, 448 (Fla. 3d DCA 1977)......
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McCloud v. State
...permit leading questions to be asked of an uncooperative witness.7 Anderson v. State, 88 Fla. 93, 101 So. 202 (1924).8 Clark v. State, 122 Fla. 310, 165 So. 44 (1935).9 See Robinson v. State, 161 So.2d 578 (Fla.3d DCA 1964); Connley v. United States, 46 F.2d 53 (9th Cir. 1931).10 We note th......
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