Witherspoon v. State

On an information charging murder in the second degree, Witherspoon was convicted of that offense and took writ of error. It is argued here that the court erred in giving one charge and in refusing a requested charge, and that the verdict is contrary to the evidence.

A new trial should not be granted for errors of procedure that are not fundamental, where it appears to the court that substantial injury or injustice could not reasonably have resulted from such errors to the party complaining of them. Coatney v. State, 61 Fla. 19, 55 South. Rep. 285.

At the request of the defendant the court…