Opinion

Custer v. State

  • 159 Fla. 574
  • 34 So. 2d 100
  • 1947 Fla. LEXIS 899
Court
Supreme Court of Florida
Filed
Jul 15, 1947
Status
Published
On the bench
Adams, Buford, Chapman, Kanner, Terrell, Thomas, Williams
Cited by
17 cases
Authority
More cited than 37.5%

statements to roommates upon arrival home were first opportunity to complain to anyone other than defendant and were thus admissible under first complaint exception

How later courts described this case

  • statements to roommates upon arrival home were first opportunity to complain to anyone other than defendant and were thus admissible under first complaint exception

Written by the judges who cited it.

The opinion

I am of the view that generally, when hearsay or incompetent testimony has been admitted as legal evidence over objection, and the evidence of the case is otherwise sufficient to sustain the judgment, on appeal, an assignment of error which fails to definitely specify the objectionable evidence cannot be considered by the Appellate Court. Maloy v. State, 39 Fla. 432 , 22 So. 719 ; Strobhar v. State, 55 Fla. 167 , 47 So. 4 ; and Green v. State, 121 Fla. 307 , 163 So. 712 . But, I am also of the view that when such character of evidence is permitted to go to the jury, after specific objections are interposed, to the extent and scope as was done in the instant case, this would be so harmful as to constitute error of which this court could take cognizance without the necessity of it being raised by an assignment of error. I concur, therefore, in the reversal of the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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