68 So. 690 | Ala. Ct. App. | 1915
These statements, if believed by the jury, under the rule stated were, when considered in connection with the other evidence in the case, sufficient to afford an inference that they were prompted by. a consciousness of guilt, and the weight to be accorded this evidence was a question for the jury.—Pentecost v. State, supra; Aikin v. State, supra.
“To constitute manslaughter in the first degree, there must be either a positive intention to kill or an act of violence from which ordinarily, in the usual course of events, death or great bodily harm may result. It is not necessary that the perpetrator intended or willed the death of the party.”—Reynolds v. State, 154 Ala. 14, 45 South. 894.
The only error shown by the record is the one above pointed out, and for this the judgment of the circuit court must be reversed.
Reversed and remanded.