Hall v. State
Hall v. State
Opinion of the Court
We have carefully considered the exceptions shown by this record, and find none of a prejudicial nature except as shall be hereinafter shown.
As to whether the hands working on the public road where the killing occurred had selected defendant as overseer was entirely immaterial. Even if such selection had been legal, which it was not, he would have no right to enforce his authority as such vi et armis.
The sixth insistence in appellant’s brief has been considered and passed upon supra.
“And it has been well stated you occupy a position above the Governor, and above the President, so you in entering upon your duty should take into consideration all of the evidence and look to the witnesses as they testify on the witness stand and their manner of giving their evidence and all the other facts, for, gentlemen of the jury, as has been well stated in these arguments, that crime is rampant not only in your good county but in the state of Alabama and throughout the United States, and wherever the state of Alabama makes out a case beyond a reasonable doubt-then, gentlemen of the jury, it is not only your duty but should gladly render a verdict that will prevent the same kind of crime being committed under circumstances which do not justify the taking of the life of a human being, if you find that this life was taken without justification, as I will charge you later, and that the defendant is proven guilty beyond all reasonable doubt, then gentlemen of ¡ the jury, you should appreciate the position you occupy, for it is far above the position- the court occupies.”
The defendant at the conclusion of the charge excepted to that part of the charge as follows:
“For, gentlemen of the jury, as has been well stated in these arguments, that crime is rampant not only in your good county but in the state of Alabama and throughout the United States.”
Whereupon the court said:
“I will exclude that part of it. You gentlemen can determine the case for yourselves, and I will exclude what I said about crime being. rampant not only through the good county of *409 Monroe and Alabama and the United States. You need not consider that as a part of my charge, and I will withdraw that from your consideration.”
The statement of the court to which exception was taken was improper, and so recognized by the trial judge, who at once withdrew them. This ruling was favorable to the defendant, and hence he is left without an exception. In the absence of a motion for a new trial and on appeal from a judgment overruling that motion, we cannot review the action of the trial court further. Bean v. State (Ala. App.) 91 South. 499; 1 Birmingham Railway, Light & Power Co. v. Drennen, 175 Ala. 338, 57 South. 876, Ann. Cas. 1914C, 1037; Birmingham Railway, Light & Power Co. v. Gonzalez, 183 Ala. 273, 61 South. 80, Ann. Cas. 1916A, 543.
We find no error in the record, and the judgment is affirmed.
Affirmed.
cS^jFor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Ante, p. 281.
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