Marsh v. State , 16 Ala. App. 597 ( 1918 )

On Rehearing.

[6] While it would not constitute reversible error for .the trial court to permit questions of the character here . involved, although they technically violate the rule against allowing questions that assume facts of which there is no evidence (Gilliland v. Dunn & Co., 136 Ala. 327, 34 South. 25), tHfe court does not commit error in upholding the rule by sustaining an appropriate objection to such question.

We did not overlook the fact that the state’s witness Mrs. Lee was also impeached, but we do not see the pertinency of the fact to the question presented for review.

Application overruled.