101 So. 522 | Ala. Ct. App. | 1924
The evidence for the state was positive as contradistinguished from circumstantial evidence, and hence charge No. 3 requested in writing was abstract and misleading. The charge, under the evidence in this case, was properly refused. Bosteen Tatum v. State (Ala.App.) ante, p. 24,
After the defendants had introduced twelve witnesses, who testified to the defendants' good character, the court asked defendants' counsel how many more witnesses he had to offer as to defendants' character. Counsel replied giving the names of five additional witnesses. It was thereupon admitted that these witnesses would so testify, and the court refused to permit the time of the court to be further consumed upon a question not disputed. This presents an entirely different question to that considered in Leverett v. State,
We find no error in the record, and the judgment is affirmed.
Affirmed.