65 So. 308 | Ala. Ct. App. | 1914
It is not made to appear from the record that there was any evidence before the court of the existence in fact of any ground stated in the defendant’s motion to quash the venire of jurors. The venire was not subject to be quashed in the absence of any legal ground of objection to it. The record does not show that the court’s action in overruling the motion to quash was erroneous.
Following a statement of the deceased’s widow, who was the sister of the defendant, to the effect that the latter asked her if she wanted to be a widow and if she wanted to collect on her policy written upon the life of her husband, the witness was permitted, over the defendant’s objection on the grounds that the evidence was incompetent, immaterial, and irrelevant, to testify that she did have a policy on her husband’s life. The testimony to this effect was not subject to the objection made to it. The fact that the witness had such a policy properly could be regarded as shedding light on the purpose by which the defendant was actuated in making the inquiry to which the witness, his sister, testified.
It does not follow from the fact that the defendant’s refused charge 3 was copied from one which was ap
The appellant has nothing to complain of in other rulings presented for review.
Affirmed.