129 Ala. 48 | Ala. | 1900
What is here said as to the objection to the question to this witness and his answer thereto as to the sale of whiskey on Sunday mforning, applies with equal force to the objection raised against the evidence of the witnesses Cunningham and George touching what they knew about the sale of whiskey by defendant on Sunday morning! It may be added, that the effect of such evidence was to prejudice the defendant in the minds of the jury as being a violator of the law prohibiting the sale of whiskey in Bibb county, or for selling it without a license (Acts, 1880-81, p. 187; Code, §§ 3521, 5076). He was not on trial for such offenses, nor for being a -criminal apart from the offense for which he was being tried. The evidence was irrelevant to the issue in the case against defendant.
The State was allowed against the objection of defendant, to ask him on the cross, “Where did you come from to Blocton?” and he answered from Mississippi. The defendant had just stated in his own behalf as seen, that he had been at Blocton but a short time, when he left just 'before court, and returned when court was over. We fail to see that there was error in allowing the State to ask him where he came from when he returned, for that was part of the res gestae of his return to Blocton, which fact he stated in his direct examination.
For the, errors indicated, the judgment and sentence of the court must be reversed, and the cause remanded.
Reversed and remanded.