NATHANIEL WELCH HEWITT, APPELLANT,

v.

JAMES FRANK VENABLE; JOHN W. MARTIN, AS TRUSTEE OF FLORIDA EAST COAST RAILWAY, A FLORIDA CORPORATION, AND THE CITY OF MIAMI, FLORIDA, A MUNICIPAL CORPORATION, APPELLEES

Citator

Cited By

• Noble Williams v. State, 252 So. 2d 243 (Fla. 4th DCA 1971)
  …court for a new trial. Reversed and remanded. WALDEN and CROSS, JJ., concur. . But sueli evidence has been held inadmissible where it is not adequately connected with the offense with which the defendant is charged, Horne v. State, Fla.App.1959, 116 So. 2d 654. It has also been held that the merits of the controversy in which the prior acts of violence were committed are not admissible, Boston v. State, 1943, 153 Fla. 698, 15 So. 2d 607. Obviously such evidence could also be excluded if too remote or spec…
• Pridgeon v. State, 425 So. 2d 8 (Fla. 1st DCA 1982)
  …Polk v. State, 179 So. 2d 236 (Fla. 2d DCA 1965). An instruction on the law of provocation is appropriate only where there is evidence the killing resulted from a sudden passion sufficient to render the killer unconscious of his act. Horn v. State, 116 So. 2d 654 (Fla. 2d DCA 1960); Olds v. State, 44 Fla. 452, 33 So. 296 (1902). In this case, we find no evidence which could support the trial court’s instruction concerning provocation. Further, where a jury is reinstructed on the degrees of homicide, the de…
• Rolle v. State, 314 So. 2d 167 (Fla. 3d DCA 1975)
  …show proof of the deceased’s violent and dangerous character which is shown by his general reputation in the community, i. e. what is reported or understood to be the community’s estimate of the person’s character. See Horne v. State, Fla.App.1959, 116 So. 2d 654; Rafuse v. State, Fla.App.1968, 215 So. 2d 71; Williams v. State, Fla.App.1971, 252 So. 2d 243; Henry v. State, Fla.App.1974, 290 So. 2d 73. As to the victim’s character, defendant was permitted to testify that the victim was known to be a dope add…

Authorities Cited

• Olivier v. City of ST. Petersburg, 65 So. 2d 71 (Fla. 1953)
• Buck v. City OF Hallandale, 85 So. 2d 825 (Fla. 1955)
• Hewitt v. Venable, 109 So. 2d 185 (Fla. 3d DCA 1959)