67 So. 1010 | Ala. | 1915
The appellant was' convicted of the murder of his wife, Jennie Wilson, and his punishment fixed by the jury at imprisonment in the penitentiary for life.
The state relied upon circumstantial evidence both as to the fact that Jennie Wilson was' murdered and as to the guilty party. The only questions argued by counsel in brief relate to objections and exceptions as to the admissibility of evidence.
There was evidence introduced by the state to show: That defendant and his wife had separated, and that defendant had gone to the home of his father and had the two older children with him. That his wife was left with the younger child, a baby some 19 months old. That after the separation, some time in the fall of 1908, she was seen with her baby and a basket on her
A witness, one Jim House, testified that he accompanied her as far as the gate on the above occasion, and that he had not seen her since that time.
“In inquiries of fact dependent for their solution on circumstantial evidence, no general rule can be laid down which will define with unerring accuracy what collateral facts are relevant and admissible in any particular case; yet, while it is proper to guard strictly against the undue multiplication of issues, whatever tends to shed light on the main inquiry, and does not withdraw the minds of the jury from that inquiry, by obtruding on' their minds matters which are foreign, or of questionable pertinency, is, generally, relevant and competent evidence.”— Mattison v. State, 55 Ala. 224, first headnote.
The grounds of objection specified as illegal, irrelevant, and immaterial were clearly without merit.
There was no error in overruling the objection of defendant to the above testimony. A review in detail of each objection to testimony, and of each assignment of error, is unnecessary, and would serve no good purpose. Suffice it to say that we have carefully examined each question presented on the evidence, and find no reversible error in the rulings of the court thereon.
We find no reversible error in the record, and the judgment of the circuit court is accordingly affirmed.
Affirmed.