Maloy v. State (39 Fla. 432, 1897)

Taylok, G. J.:

The plaintiff in error, under an indictment found at the Spring term, 1896, of the Circuit Court of Polk •county, was tried and convicted at the Spring term, 1897, of said court, of the crime of fraudulently altering the mark of a steer, and sentenced to five years imprisonment in the penitentiary, and seeks reversal on writ of error.

The errors assigned are as follows: “1. The court •below admitted improper evidence on the part of the State. 2. The court below rejected proper evidence on the part of the defendant. 3. The court below erred in permitting the objectionable remarks of the State Attorney to go to the jury, and not be withdrawn. 4. The court erred in denying the motion of the defendant in arrest of judgment. 5. The court erred in demying the motion to set aside the verdict of the jury and for a new trial. 6. The court erred in rendering a judgment in favor of the State, and against the defendant.”

The first and second of these assignments of error we can not consider, as they fail to point out, identify or specify the evidence that they claim to have been admitted and rejected erroneously. Assignments of error predicated upon the admission or rejection of evidence must point out and specify what evidence