We have for review the decision of the District Court of Appeal, Second District, in this cause which is reported at 250 So.2d 333 (2nd D.C.A.Fla. 1971). The pertinent facts are given in the opinion below. It is our judgment that the decision should be quashed, and the cause remanded for further proceedings.
Certiorari was granted to resolve the conflict between the decision below and Henninger v. State, 251 So.2d 862 (Fla. 1971), as to the proper test of admissibility into evidence of allegedly gruesome and inflammatory photographs. After reviewing precedent, including its own carefully reasoned Albritton v. State, 221 So.2d 192 (2nd D.C.A.Fla. 1971) decision, the District Court conceived the test to be this: if inflammatory and gruesome in character, technical relevance is insufficient to support the admissibility of photographs; to be admissible, such photographs must tend
However, in Henninger, supra, this Court announced a different view:
Thus, the current position of this Court is that allegedly gruesome and inflammatory photographs are admissible into evidence if relevant to any issue required to be proven in a case. Relevancy is to be determined in the normal manner, that is, without regard to any special characterization of the proffered evidence. Under this conception, the issues of "whether cumulative", or "whether photographed away from the scene," are routine issues basic to a determination of relevancy, and not issues arising from any "exceptional nature" of the proffered evidence.
In the instant case, the photographs discussed in the District Court's opinion met the test of relevancy. Exhibit 26 was relevant to establishment of the identity of the person in the grave as being the deceased named in the indictment. Exhibits 27 and 28 each depict a wound or wounds not depicted by the other, or by Exhibit 26. These exhibits were properly admitted by the trial court, and the District Court erred in reversing on this point.
The District Court also held that, upon request in a felony murder prosecution, it is incumbent upon the trial court to charge the jury upon the specific ingredients making up each permissible felony under the evidence.
For the foregoing reasons, the decision under review is quashed, and the cause is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
ERVIN, Acting C.J., CARLTON, BOYD and DEKLE, JJ., and DREW, J. (Retired), concur.