68 So. 702 | Ala. Ct. App. | 1915
While we are clear in the opinion that it called for inadmissible details of a former difficulty, yet, assuming the contrary, as contended in brief, it is not shown by the record that the defendant Avas in any Avise injured by the refusal of the court- to allow the Avitness to ansAver the question; since it is not shown Avhat the ansAver of the witness would have been if he had been permitted to answer the question. For aught we know, it .Avould have been a negative answer — that is, that deceased did not call defendant “a d-son of a b-” in the former difficulty. If so, defendant certainly was not injured by the court’s refusal to, allow the witness to answer the question. Under the neAV rule adopted by the Supreme Court, which governs this court, an appellant, to secure a reversal, must not only show error in the record, but such error as that we can say it “prob
What we have said disposes also of the assignment of error predicated on the action of the court in sustaining the state’s objection to defendant’s question to the witness Turner, which called for all that was said between defendant and deceased in the former difficulty.
A great many special charges were given at defendant’s request — 28 in all — covering practically every phase and aspect of the case, in a way really more favorable to defendant than he had a right to require. Several special charges were refused, but it is only insisted in brief that those of them numbered, respectively, 1, 2, 6, 8, 9, 10, and 11 should have been given. We shall therefore confine ourselves to a discussion of these, all of which, as well as those not discussed, were, in our opinion, properly refused.
We find no error in the record, and the judgment of conviction is affirmed.
Affirmed.