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Hamilton v. State, (1937)

Court: Supreme Court of Florida Number:  Visitors: 24
Judges: BROWN, J.
Attorneys: Kehoe Kehoe, for Plaintiff in Error; Cary D. Landis, Attorney General, and Roy Campbell, Assistant Attorney General, for the State.
Filed: Sep. 03, 1937
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 221 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 222 This writ of error is from final judgment below adjudging the defendant guilty "of possession of stolen property" and sentencing her to imprisonment by confinement at hard labor in the State penitentiary for a term
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I concur in most of what is said in the opinion of Mr. Justice BROWN and that the judgment should be reversed, but I dissent to what is said therein in reference to the third question presented.

I do not think that the rule as to testimony regarding general reputation of a defendant, or a witness, should be extended in its application so as to admit such testimony as was offered, whether it be offered for or against a defendant, or for or against a witness. The general reputation of a person for truth and veracity or for honesty and integrity should not be permitted to be proved by testimony as to what that reputation is in a particular house or place of business. *Page 233

If such general reputation may be established by the testimony of the employees of a hotel, then how large must the hotel be? How many employees must it have? A hotel, or other place of business, is not a community.

I think there was no error in excluding the proffered testimony.

Source:  CourtListener

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