Citation Numbers: 7 Ala. App. 72, 61 So. 609
Judges: Pelham
Filed Date: 2/11/1913
Status: Precedential
Modified Date: 7/19/2022
The refusal of the court to exclude that part of the answer of the state’s witness Alleen Denson to the effect that, when shooting at the witness, the defendant shot her daughter, was without prejudice to the defendant, as this fact was shown by the testimony of other witnesses without objection, was not denied by the defendant, and was without conflict in the evidence. Besides, there was but one difficulty, and the matter testified to was part of the res gestae. — McCoombs v. State, 151 Ala. 7, 43 South. 965. Charge No. 1 is abstract, in that it includes all the state’s witnesses. —Naugher v. State, 6 Ala. App. 3, 60 South. 458.
It is not clear what is meant by the language used in charge No. 3, “and the jury think their testimony on these beliefs should be disregarded,” etc. The charge is involved and confusing, and calculated to mislead the jury. Such charges are properly refused. — Hill v. State, 156 Ala. 3, 46 South. 864; Rigsby v. State, 152 Ala. 9, 44 South. 608.
Charges 5 and 6 are argumentative, and are of that class of charges which may be either given or refused without the court’s thereby being put in error. — Phillips v. State, 162 Ala. 14, 50 South. 194; Amos v. State, 123 Ala. 50, 26 South. 524; Montgomery v. State, 169 Ala. 12, 53 South. 991.
The proposition of law embodied in requested charges AA and S is covered by given charge D.
We have discussed all the matters insisted upon as error in brief of counsel for the appellant, and discover no reversible error in the record, and the case will he affirmed.
Affirmed.