Allbright v. State

One of the special grounds of the amended motion for new trial assigns error on the introduction in evidence of two pictures of the defendants, taken at the scene of the crime, which show a whisky still, several barrels, buckets, and other paraphernalia, and which also show each of the defendants fettered by handcuffs. The objection, in substance, is that when the pictures were made, the defendants were under arrest; that they were under the command of the law; that the evidence was procured under duress and was prejudicial to the defendants.

The brief of evidence discloses that, when the…