69 So. 366 | Ala. Ct. App. | 1915
“We, the jury, find the defendant guilty of manslaughter in the first degree, and fix his punishment at seven years in the penitentiary.”
This verdict was sufficiently specific and in proper form, and the words interlined in the verdict by the trial judge by consent of the defendant may be treated as surplusage. The verdict must be referred to the indictment, and the words “as charged in the indictment” are nonessential.—McDonald v. State, 118 Ala. 672, 23 South. 637; Washington v. State, 117 Ala. 30, 23 South. 697; Watkins v. State, 133 Ala. 88, 32 South. 637; Durrett v. State, 133 Ala. 119, 32 South. 234.
The defendant objected to each of these statements separately, and asked the court to- exclude them and instruct the jury to disregard them. While it is possible to pronounce the first assertion as a mere conclusion of the solicitor which he had'a right ü> draw from the evidence, yet the other statements marked (2) and (3) come clearly within the rule prohibiting the statement of facts not shown in evidence, and there was no evidence offered as to those facts so stated by the solicitor. The court should have arrested this argument and excluded these statements,
For the errors pointed out, the judgment is reversed, ánd the cause remanded.
Reversed and remanded.