Colvin v. State

STAKELY, Justice.,

We agree with the Court of Appeals that the evidence made a case for the jury. However, the Court of Appeals holds that the testimony of Fire Chief Pete Matthews was admissible, in giving his opinion that the fire was of “incendiary origin.” A fire “of incendiary origin” is, a malicious burning of property. Webster’s New International Dictionary. Hence the witness was allowed to give his opinion on the ultimate fact in issue. ' Morris v. State, 124 Ala. 44, 27 So. 336. Was this testimony competent?

We consider that Fire Chief Pete Matthews qualified as an expert. If his…