Glenn v. State
| Decision Date | 17 December 1908 |
| Parties | GLENN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Criminal Court, Jefferson County; S. L. Weaver, Judge.
Rosa Glenn was convicted of murder, and appeals. Affirmed.
The evidence of Edwards, objected to, was as follows: In response to the question to "tell the jury the best you can about the difficulty," the witness answered, "She [the defendant] cursed Idella Ashley." The solicitor asked the witness Jack Washington, "Did you not state before the grand jury that defendant used curse words first?" and he answered, "Yes; I think I stated that before the grand jury." The evidence as to venue was as follows That the act was committed at Riley Station, on the South Bessemer car line, in this county; but none of the witnesses stated that it was committed in Jefferson county.
R. L Leatherwood, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The defendant was tried and convicted under an indictment which charged her with the murder of Idella Ashley, and was sentenced to the penitentiary for 20 years. There is no merit in the objections interposed and motions made in respect to the testimony of the witness J. M. Edwards.
The testimony of Jack Washington is not set out in the bill of exceptions, but evidently, from the question propounded to him, and objected to, the solicitor deemed it necessary to refresh his memory; and it was competent for him to do so, by reminding the witness of his testimony given before the grand jury. Thompson's Case, 99 Ala. 173, 13 So. 753.
That defendant made use of profane language to the person she is alleged to have killed, at the time of the difficulty, was proper to be shown, as shedding light upon the manner and disposition of the defendant; and it was also admissible upon the doctrine of res gestæ.
While the witness did not, in so many words, testify that the killing occurred in Jefferson county, yet the trial was had in that county, and the bill of exceptions recites that they "testified that said act was committed at Riley Station on the South Bessemer car line, in this county." No other meaning could, under the circumstances, be attached to this testimony than that the killing occurred in Jefferson county. Therefore the theory of the defendant that there was no evidence of the venue is without foundation in fact, and the affirmative charge requested by her was properly refused.
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