WILLIE PRIDE
v.
STATE OF FLORIDA
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The court held that the trial court did not err in its rulings regarding state witnesses, res gestae, and the sufficiency of evidence.
Appellant was indicted for first-degree murder, convicted of manslaughter, and sentenced to five years. He appealed based on the state's failure to us…
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Appellant was tried on an indictment charging murder in the first degree. . He was convicted of manslaughter and sentenced to serve five years in the state penitentiary.
*474He predicates error (1) on the failure of the state to use all the witnesses whose names appear on the indictment (2) on the refusal of the court to permit the examination óf a certain witness as to the res gestae, and (3) sufficiency of the evidence to support the verdict.
The first question is concluded against appellant by Morris v. State, 100 Fla. 850, 130 So. 582, and cases therein cited. As to the second question, it is sufficient to say that the determination of matters constituting the res gestae is largely in the discretion of the trial court and we are not convinced that he should be reversed on this point. Goff v. State, 75 Fla. 87, 77 So. 877.
There were some conflicts in the evidence but there was ample competent evidence if believed to support the verdict. The jury resolved the conflicts against the appellant and the trial judge refused to overthrow their finding. We fail to find reason in the record that would warrant this Court in doing so. Section 309, Criminal Procedure Act.
Affirmed.
BROWN, C. J., CHAPMAN and THOMAS, JJ., concur.
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Citator
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Murray M. Sheldon, Inc. v. Azif, 230 So. 2d 504 (Fla. 3d DCA 1970)…t convinced that the documents were shown to be a part of the res gestae so as to be admissible under that exception to the hearsay rule. The question of admissibility under that exception is primarily a question for the trial court. Pride v. State, 151 Fla. 473, 10 So. 2d 806 (1943). We do not find an abuse of discretion in the ruling. The second point urges that the trial court erred in failing to rule that the appellees were estopped to claim they did not have the insurance coverage that appellant repre…
Authorities Cited
- Morris v. State, 100 Fla. 850 (Fla. 1930)
- Goff v. State, 75 Fla. 87 (Fla. 1918)