The Birmingham age-herald., 1903-02-15
Opinions Rendered
 By Supreme Court

Q .s-s-s Henderson vs. the State. Indictment for
 carrying concealed weapons. Appeal
 from the Circuit court of Conecuh.
 1. Witness; When Defendant Valves the Right to Examine Witness as to His Competency upon the introduc- tion of q boy as a witness he Is examined on his voir dire by the solicitor, and the defendant does not at that time examine him. but subsequently during the exam ination of said witness touching the facts of the case the defendant objects to the examination of said witness, but states no ground thereof, and later during the examination of the witness the defend- ant asks to be allowed to examine him touching his competency, 1t is not error for the court to overrule such objection and to refuse to comply with such request of the defendant; the defendant by ihs course having waived any right he may have had to further examine the boy as to his competency or to object to his eN- animation on the facts of the case. Affirmed. Opinion by Mcclellan, c. J. Castleberry vs. the State-1ndietment for
 Carnal Knowledge, or Abuse of Fe-
 male Child-Appeal from the Circuit
 Court of Conecuh.
 1. Evidence; Sufficiency of Objection Upon the cross examination of a defen- dant in a criminal case the question. 1 Have you ever been convicted of any | orlme?'' is not subject to the general OO- l jection by the defendant of being incom- | petent, and the court does not err in oyerruling such objection; the defendant l in making the objection should point out | the specific ground wherein the question esked is illegal and incompetent. | ?. Witness: When Child shown to be In- oempetent.-A girl 8 years old upon whom the offense of carnal knowledge or abuse l in the attempt to earnally know has been | committed, Is competent to testify as a witness. when, on her examination on voir dire, she shows an intelligent com rrehension in the belief that falsehood Is wrong and that she will be sent to hell l for telling a lie.
 3. Indictment for Carnal Knowledge or Abuse of Female Child. = The term abuse" in the statute (code section l 5440 punishing carnal Knowledge or | abuse in attempting to have carnal knowledge of female child under II years must be limited in Its meaning to I injuries to or the hurting of the genital organs in the attempt at carnal knowl- | Sbbtf AdilllS oHbli Ol dClQdl it was not intended tn mean other forci- hle or wrongful ill-usa ge, such as might support an indictment for an assault with | iStent to raVish.
 4. Indictment for Carnal Knowledge or Abuse of Female Child; Charge of Court 10 Jury.-Under an indictment charging | the carnal knowledge of or abuse in the attempt to carnally know girl under 10 | years of age, where there is evidence l tending tO show fha dpfpndanf po e guilty of abusing or hurting the girl within the meaning of the statute, Il charge is erroneous and properly refused ,at the request of the defencant which in- structs the jury that before they can find the defendant guilty as charged they must believe that the defendant injured | the sexual organs of Doolie Bradley, and the mere hurting of the sexual parts Is not sufficient"
 Affirmed. Opinion by Harrison, J.
 McCarver vs. doe ex dem. Herzberg. Ap-
 peal from the City Court of Gadsden
 Common Law Action of Ejectment. l l. Motion for New Trial; Rulings on Main Trial.-Where exceptions to rulings of the court on admission of evidence are not assigned as grounds of motion | for a new trial, on appeal from judg- ment everything the motion for a new trial. such rulings of the court will not be reviewed, and the bill of exceptions | reserved on motion for new trial can not be looked to for the purpose of re- viewing the exceptions reserved upon the main trial of the case.
 9 Same; not Signed Within Time When a judgment upon a motion for a new trial is rendered and on the last day of the term at which said judgment was rendered an order is entered by the court allowing the defendant sixty days within which to have the bill of exceptions sighted, and said bill of exceptions Is signed within sixty days from the date of said order such bill is signed in, time and cannot be stricken the ground that it was not signed within the time | authorized by law.
 | g. Trial A1d It's Incidents; Discontinu- ance Objection cannot be Raised for First Time on Appeal.-When cause is discontinued by reason of the failure to have entered an order of discontnu- ance, but subsequently, such discontnu- ance was not insisted upon in the court below and both the parties proceeded to trial on the merits. there is thereby a waiver of the discontinuance, and the dscontinuance complained of cannot be raised for the first time on appeal.
 4. Ejectment; Computation of Rents 1 Where Improvements Have Been Made In an action of ejectment where the de- | fendant sets up possession under color of title in good faith, thereby restricting | his liability for rent for one year before the commencement of the action, the | rents recoverable as damages are to be ] estimated as of the value of the land when the defendant acquired it, and not | of it's value as enhanced by improvements made by him on the land
 Reversed and rendered. Opinion by 1 Tyson, J.
 Webb vs the State. Indictment for mur-