139 So. 113 | Ala. Ct. App. | 1932
The demurrers to the indictment were properly overruled. Douglass v. State,
We find no fault in the rulings of the court permitting testimony as to what occurred at the time of the arrest of appellant; his efforts to evade arrest, etc. Evidence as to any conduct or declarations of the accused having relation to the offense charged, indicating his consciousness of guilt, is always admissible. Palmer v. State,
It seems that under the holding of our Supreme Court in the case of Stinson v. State,
The indictment charged the appellant with the offense of "assault with intent to rob." Code 1923, § 3303. He was found, by the jury, guilty "as charged in the indictment." His adjudication of guilt, and punishment awarded, followed, accordingly. The evidence was ample to support the verdict and judgment, and the motion for a new trial was properly overruled.
We discover, nowhere, prejudicial error, and the judgment of conviction is affirmed.
Affirmed.