58 So. 946 | Ala. Ct. App. | 1912
The defendant was indicted for burglary. As burglary is a felony, and as sections
The question as to whether an infant over seven and under fourteen years of age does or does not possess sufficient mental capacity to commit a felony is ordinarily a question for the jury under the facts of each particular case. When the evidence discloses that a defendant in a felony case is over seven and under fourteen years of age, the presumption that he does not possess sufficient mental capacity to commit the crime goes to the jury subject to rebuttal by facts and circumstances or other evidence tending to show sufficient mental capacity on the part of the defendant to commit the crime. The presumption of mental incapacity becomes less strong with the increase of years, but until the age of fourteen is reached “the presumption is that he has not the requisite guilty knowledge of the wrongfulness or wickedness of the act charged to authorize a conviction of felony, unless rebutted by clear evidence of a mischievous disposition, or by proof of knowledge of good and evil, which knowledge must be made distinctly to appear from the evidence.”—Reynolds v. State, 154 Ala. 14, 45 South. 894. The circumstances connected with the offense charged may be so proved as to satisfy the jury beyond
In addition to this, the objection interposed by the defendant to the introduction of this testimony was a general objection, and a trial court will not be put in error for overruling a general objection to a question unless the evidence called for by such question is illegal or irrelevant on its face.—Washington v. State, 106 Ala. 58, 17 South. 546; Gunter v. State, 111 Ala. 23, 20 South. 632, 56 Am. St. Rep. 17; McClellan v. State, 117 Ala. 140, 23 South. 653; Thomas v. State, 139 Ala. 80, 36 South. 734.
After a careful examination of this record, it appears to this court that the defendant received a fair and impartial trial in the court below, and, as the record fails to disclose any error of the trial court for which this cause should be reversed, the judgment of the court below is'affirmed.
Affirmed.