49 So. 810 | Ala. | 1909
W. P. Steele, being called as one of the special veniremen, to questions propounded to him by the court answered as follows: That he “would not convict on circumstantial evidence, unless it was the highest and strongest degree”; that he would not convict on circumstantial evidence ordinary in its character. It is not made to appear that the proposed juror would not convict on circumstantial evidence, or that he “thought a conviction should not be had on circumstantial evidence,” which is made a cause for challenge by section 7278 (5018) of the Code of 1907.lt is made to appear that he thought a conviction should not be had on circumstantial evidence, unless it was of the highest and
There was no error, in allowing evidence to dscribe the Avell in Avhich the body of deceased was found— “that a caved place in the well looked like some one had stepped their (his) foot in it.” It AAras the scene of the exime, and such evidence is admissible in the trial of criminal cases. — Watkins’ Case, 89 Ala. 82, 8 South. 134.
There was no error in declining to allow accused to prove flight of a third party soon after the crime. — Kemp’s Case, 89 Ala. 55, 7 South. 413; Owensby v. State, 82 Ala, 63, 2 South. 764.
We can see no objection to the evidence that deceased had a rising in her head at the time of the killing. It was competent, on the theory of suicide.
Evidence to show that one of the state’s witnesses agreed with counsel as to the justices of the peace who should hold the preliminary trial of accused, and that he afterwards tried to prevent some of them from presiding, may tend to show bias or prejudice of the witness
The trial court erred in instructing’ the jury that there was no evidence to show that the two negroes, Josh and Will Dickinson, had anything to do with the killing of deceased. It is true that the evidence did not prove them to be guilty; but there was some evidence from which the jury might- have inferred that they did have some cbnnectioh with the crime.
The judgment of the circuit court is reversed, and the cause is remanded.