Judges: CHAPMAN, J.
Attorneys: Willson Martin, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General, for the State.
Filed: Feb. 25, 1938
Latest Update: Mar. 02, 2020
Summary: On October 14, 1936, plaintiff in error, George D. Olive, was indicted by a grand jury of the Circuit Court of Polk County, Florida, for murder in the first degree by shooting to death one O.M. Hall with a rifle. He filed a plea of not guilty to the indictment, was placed *Page 549 upon trial and was convicted of murder in the second degree and by the Judge sentenced to the State Penitentiary for a period of 25 years. A motion for a new trial was overruled, bill of exceptions signed and settled,
Summary: On October 14, 1936, plaintiff in error, George D. Olive, was indicted by a grand jury of the Circuit Court of Polk County, Florida, for murder in the first degree by shooting to death one O.M. Hall with a rifle. He filed a plea of not guilty to the indictment, was placed *Page 549 upon trial and was convicted of murder in the second degree and by the Judge sentenced to the State Penitentiary for a period of 25 years. A motion for a new trial was overruled, bill of exceptions signed and settled, ..
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I do not think it was reversible error in this case, but I doubt the propriety of the statement in the jury's presence by the State Attorney, when asking the court to call Maddox as a court witness, to the effect that said witness had made conflicting statements and
was a close associate of the defendant. If the jury had been sent out, the statement as made, when made to the Court alone, would have been entirely proper.
