195 So. 765 | Ala. | 1940
Lead Opinion
Appellant on this certiorari has earnestly contested the soundness of the holding by the Court of Appeals in this case following Bowling v. State,
Prof. Wigmore in the third volume of his work on Evidence, pages 712, 713 and 714, makes a strong arraignment against the holding that such evidence is not admissible, and has an extensive note showing the attitude of the various state cases on the subject. Most of them hold that the evidence is not admissible. Texas is sometimes referred to as holding that the evidence is admissible, citing, Nelson v. State, Tex.Cr.App.,
Judge Mayfield wrote for the Court to the exclusion of such evidence, recognizing that the rule in Alabama is fixed. Maddox v. State,
The case of Davis v. State,
We think the other contentions made on this application are sufficiently and correctly dealt with by the Court of Appeals. We find no error in that opinion of which petitioner here complains.
Writ denied.
ANDERSON, C. J., and GARDNER and BOULDIN, JJ., concur.
Addendum
Application for rehearing overruled.
GARDNER, C. J., and THOMAS and BOULDIN, JJ., concur.