This cause is before us on petition for writ of certiorari to review and revise the opinion and judgment of the Court of Appeals in the case of Shiflett v. State of Alabama,
The petition and the briefs filed in support thereof challenge only two of the holdings of the Court of Appeals. The first of these relates to the holding that the trial court did not err in refusing to permit the defendant to prove the statement claimed to have been made by his wife from three to five minutes after regaining consciousness. We are in full accord with the conclusion reached by the Court of Appeals on this ruling when viewed in the light of the circumstances set out in the opinion. We do not search the record to determine the facts but accept those set out in the opinion of the Court of Appeals. Bradley v. State,
The second question presented concerns the holding of the Court of Appeals that the trial court did not err to a reversal in permitting the State to introduce into evidence a rifle owned by the defendant and which was not used by him in the shooting. Under the facts as related by the Court of Appeals, we are of the opinion the rifle in question has some probative weight and that it was admitted in evidence without error. See 22 C.J.S., Criminal Law, § 712(c).
As to the last ruling, the Court of Appeals also seems to have applied the doctrine of error without injury. We do not review the Court of Appeals on application of the doctrine of error without injury unless facts are fully stated in the opinion of that court. Shouse v. State,
Consideration by this court on certiorari is limited to those holdings of the Court of Appeals which are asserted here as being erroneous. Williams v. State,
Writ denied.
