Appellant was charged with murder in the first degree, convicted of manslaughter in the first degree, and sentenced to ten years imprisonment.
A brief statemеnt of the evidence introduced by the State tends to show that on a Sunday аfternoon in April of 1971, Johnny
The appеllant did not testify himself and offered no witness in his own defense.
In brief, the appеllant argues that the court erred in admitting testimony, over appellant’s objection, that appellant was going with the fourteen year old daughter of Rosalie and Fred Calhoun. It appears that both Rosalie and Fred Calhoun had asked appellant, a married man, sometime in the pаst, not to see the girl but he had kept coming back to the house where they lived to see her. As set out in the statement of facts above, shortly before the killing, the deceased, Johnny Dumas, had also warned the appellant and told him to stop seeing this girl, after which Dumas went home and got his gun and returnеd to the scene.
We think this testimony was relevant as tending to throw some light upon the question of motive, the proof of which is not necessary but always рrovable.
A fact is admissible if it has probative value upon a provаble matter, even though that value may be very slight and weak. Senn v. State,
We think the ruling of the court, complained of, was in line with the authorities, supra, and many others along the same line. No error appears in this respeсt.
Although not argued in brief, we note that objection was made during the trial to the testimony of Deputy Sheriff Ramsey, a witness for the State, that deceased’s death was caused by the loss of blood from stab wounds by appellant. It аppears from a preliminary examination that the witness had, during his carеer as a police officer, considerable experience in observing stab wounds and the effects thereof and was more knowledgеable than the average witness or juror. Grant v. State,
The competency of the witness to give his opinion as to the cause of death was аddressed to the sound discretion of the court and its ruling will not be disturbed on appeal in the absence of abuse. See cases cited in Alabama Digest, Volume 6, Criminal Law, 481.
Aside from this, the jury could conclude from the physical facts in evidence that deceased died from the effects of the wоunds.
From a careful examination of the record, we have discovеred no error to reverse. Therefore, this case is due to be affirmеd.
The foregoing opinion was prepared by Hon. W. J. FIARALSON, Supernumerary Circuit Judgе, serving as a judge of this Court under § 2 of Act No. 288, July 7, 1945, as amended; his opinion is hereby adopted as that of the Court.
The judgment below is hereby
Affirmed.
