15 So. 2d 303 | Ala. | 1943
We would not be understood as concurring in all that is said by the Court of Appeals on the question raised by the petition for certiorari. In particular, we hold that, as a rule, the mere admission of evidence of the number of children left by deceased, or their ages, without more, should not work a reversal in a homicide case. The Fisher case, Fisher v. State,
In permitting this wide line of evidence calculated to inflame the jury, while shedding no light on the homicide, presented such a state of the case that we cannot say the Court of Appeals was in error in reversing the cause.
Writ denied.
All the Justices concur.