59 Ala. 92 | Ala. | 1877
Evidence that the prisoner looked “ down - cast,” was but the opinion of the witness, and should not have been admitted. — Johnson v. The State, 17 Ala. 618, 625; Gassenheimer v. The State, 52 Ala. 313.
Charges on the subject of venue will not probably arise again in their present form, and we need not consider them.
The second charge asked predicates a fact, of which no evidence is found in the record. This constitutes it abstract. 1 Brick. Dig. 338, §§40, 41.
The third charge asked should have been given.
We find no other error in the record.
The judgment of the Circuit Court is reversed and the cause remanded. Let the prisioner remain in custody until discharged by due course of law.