Alabama Court of Appeals, 1920

Harwell v. State

Harwell v. State
Alabama Court of Appeals · Decided April 6, 1920 · Samford
85 So. 831; 17 Ala. App. 396; 1920 Ala. App. LEXIS 68 (Southern Reporter)

Harwell v. State

Opinion of the Court

SAMFORD, J.

[1] The case was tried by the court without the intervention of a jury. There was ample evidence to warrant the finding as determined by the court. Where this is the case, the judgment will not be disturbed. Maisel v. State, ante, p. 12, 81 South. 348.

[2] The questions presented by exceptions to the evidence are elementary. Evidence having been introduced tending to prove that the crime of adultery had been committed, and it being shown that admissions of the defendant were voluntary, such admissions were properly admitted.

[3] The .court did not err in refusing'to allow the witness Ruby Harwell to testify that she did not see any improper conduct between defendant and Erie Poses’-. This involved her opinion as to what constituted improper conduct.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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