Clark v. State

On Rehearing.

THOMAS, Justice.

The rule adverted to from the case of Pope v. State, 168 Ala. 33, 53 So. 292, was not departed from in Oliver v. State, 232 Ala. 5, 166 So. 615, 617. Each case is judged by its particular facts. In the Oliver case, supra, the coroner was active in investigating the facts of the homicide and testified at the trial. Such official should not have been permitted by the sheriff to have had charge of the jury and “to remain with them during much of their deliberation.” No such circumstances existed in the instant case. An officer is not rendered incompetent as a witness…