432 So. 2d 13 | Ala. Crim. App. | 1983
The defendant was convicted for manslaughter and sentenced to twenty years' imprisonment as an habitual felony offender. Two issues are presented on appeal.
Even if the photographs should not have been admitted because the knife depicted was not sufficiently identified as the weapon used in the killing, the error in the admission of the photographs was harmless. Rule 45, A.R.A.P. It is uncontradicted that the victim was stabbed with a knife and the photographs in and of themselves did not implicate or incriminate the defendant. In the following cases, harmless error was found in the admission of a weapon where there was no positive identification that the weapon was used in the particular crime. Carroll v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.