Hembree v. State

SAMFORD, J..

The evidence for the state tended to prove the homicide charged, and that it was done with malice. That being the case, the general charge as requested by defendant was properly refused. Spelce v. State, 20 Ala. App. 412, 103 So. 694.

It is insisted that the court committed error in excluding from the showing for the absent defendant’s witness, Mrs. Ed Glass, certain designated statements. Even if some of these rulings should have been technically erroneous, the character of the testimony excluded was such as to render its exclusion harmless error. However, we find no error in the…