52 So. 345 | Ala. | 1910
The defendant is condemned to die for the murder of a woman, Nancy Toodles. The evidence discloses the prosecution’s theory to have been that defendant, inspired by jealousy, shot deceased without semblance of legal excuse or justification. The
The exceptions taken to the allowance of questions propounded to defendant on the cross-examination of him are without merit. The evidence tended to show his flight soon after the tragedy. These questions on the cross sought and elicited explanation of the course of his flight, and the circumstances attending it, even
The first instruction refused to defendant was faulty in the particular that it invaded the province of tne jury.—Fonville’s Case, 91 Ala. 39, 8 South. 688; Smith's Case, 88 Ala. 23, 7 South. 103.
The other instruction was palpably bad. It predicated an acquittal of murder upon feelings of affection entertained, at the time of the shooting, by defendant for deceased. Murder, in the extreme degree, may be committed notwithstanding the existence of such affection, and that it does exist may, upon occasion, inspire the murderous act as an expression of jealousy grounded in an extreme affection.
We discover no error in the record, and hence the judgment must be affirmed.
Affirmed.