Cunningham v. State
| Decision Date | 04 May 1922 |
| Docket Number | 7 Div. 223. |
| Parties | CUNNINGHAM v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Talladega County; S.W. Tate, Special Judge.
Teague Cunningham was convicted of murder in the first degree, and he appeals. Affirmed.
C. S Ellis, of Talladega, for appellant.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The defendant was tried and convicted of murder in the first degree, and by its verdict the jury fixed his punishment at death.
The judgment entry was sufficient, and no question was reserved to review the action of the court with respect to venire etc. Anderson v. State (Ala. App.) 93 So. 68.
The predicate was sufficient to admit deceased's declaration that he identified the defendant as the one who inflicted the injury from which deceased died shortly thereafter. Curry v. State, 203 Ala. 239, 82 So. 489.
At the time the question was sought to be propounded by defendant "Now what per cent. [alcohol] does that show on the label there?"-referring to a bottle of extract produced in court-no sufficient evidence had been introduced to render the answer relevant, nor was the court informed of defendant's theory whereby other evidence was expected to be introduced that would render the evidence sought to be elicited relevant. The fact that evidence was thereafter introduced by defendant that, when arrested, a bottle of extract was found on him, and that he was under the influence of intoxicants, was not sufficient to identify the bottle exhibited to witness Dr. Dixon, and of which he was sought to be interrogated as stated. Moreover, the bottle of extract was not introduced in evidence, and, if so, the label thereon was the better evidence of its content. There was no error in declining like question by defendant to witness Wren.
Charges 12 and 13, refused to defendant, sought to instruct the jury that, under the evidence, deceased was not authorized to arrest, or attempt to arrest, the defendant, and that in making such attempt he was committing a trespass on the person of defendant. The charges were properly refused. Witness Atkins testified that the value of the sweater supposed to have been stolen by defendant from the storehouse was of more than $5 in value, and the testimony was such that it authorized the reasonable inference that the sweater was stolen by defendant from the store in which Atkins was at the time clerking. This circumstance, if believed by the jury,...
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