# Custer v. State

> Supreme Court of Florida · July 15, 1947 · 159 Fla. 574

URL: https://www.frixlaw.com/law-library/cases/3389290

## Case

- **Full name:** Jack Riley Custer v. State of Florida
- **Court:** Supreme Court of Florida
- **Decided:** July 15, 1947
- **Citations:** 159 Fla. 574; 34 So. 2d 100; 1947 Fla. LEXIS 899
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Adams, Buford, Chapman, Kanner, Terrell, Thomas, Williams
- **Cited by:** 17 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/3389290

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3389290. Public record. Not legal advice.