Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 81) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: [Finch v. The State.] Finch v. The State. Indictment for Manslaughtec. 1. Competency of grand juror as petit juror.?A member of the grand jury by which the indictment was found, is incompetent to serve as a petit juror, and may be challenged for cause by the State, though the objection has been waived by the defendant. 'i. Releeancy of evidence as to weapon used.?It being shown that the deceased was killed by being cut with a knife, it is competent for the prosecution to prove that the defendant, a few hours before the difficulty, borrowed a knife, which the lender never saw afterwards, and to prove the description of it. 3. Former difficulty between deceased and defendant; admission of evidence against one of tiro defenants.?A former difficulty between deceased and one of the defendants, is admissible evidence against the latter, as tending to show malice; and being offered and admitted against him only, his co-defendant can not complain of its admission. 4. Motion to discharge defendant; error without injury in. refusal.?The refusal of the court to discharge the defendant on motion, because a prima facie case has not been made out against him, is, at most, error without injury, when the record shows that the necessary evidence was afterwards introduced. 5. Charge as to self-defense, ignoring duty lo retreat.?A charge asked in a ciiminal case, invoking the doctrine of pelf-defense, but ignoring the duty to retreat, casi by law on the defendant, if he could safely and conveniently do so without putting himself apparently at probable disadvantage, is properly refused. 6. Charge Hunting duty to retreat.?A charge asked, restricting the duty to retreat because it involved the necessity of turning loose de- fendant's mule, by which he was standing at the time, i...