# Smith v. State

> Supreme Court of Florida · October 4, 1937 · 129 Fla. 388

URL: https://www.frixlaw.com/law-library/cases/3381866

## Case

- **Full name:** Johnny Smith v. State.
- **Court:** Supreme Court of Florida
- **Decided:** October 4, 1937
- **Citations:** 129 Fla. 388; 176 So. 506; 1937 Fla. LEXIS 1120
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Buford, Ellis, Terrell, Whitfield, Chapman, Brown
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3381866

## Opinion text

*398
Brown, J.
(dissenting in part).:—The motion of defendant to strike the statement of one of the State’s witnesses to the effect that the defendant “didn’t look right” should have been granted. It was a mere conclusion of the witness, and does not come up to the rule laid down in Prince v. State, 100 Ala. 144 , 14 So. 409 . However, I agree that this ruling did not constitute reversible error in this case.
It is held in many jurisdictions that the killing of an innocent man cannot-be justified or excused on the ground that it was done under threats and compulsion from a third person or persons in order to save the slayer’s life. This feature of this case might be proper for consideration by the Board of Pardons, but it cannot be considered here as a ground for setting aside the verdict and judgment. See 30 C.
J.
88-89.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3381866. Public record. Not legal advice.