The Montgomery advertiser., 1905-07-28
BRAHAM VI. THE STATE. lictment for murder-Appeal from


 the Criminal Court of Jefferson.
 1. Jury, voir dire; motion to quasn panel.-On a trial for murder. none or the jurors were examined by the court on the yoir dire as to their relationship to the defendant. or to the deceaseo. and the panel was accepted, without any objection that they had not been so examined. After the jury was em- panelled, the defendant moved to quash the panel on the ground that sucn eA- animation had not been made. There unon. the court offered to examine the jury. and each member thereof as 10 such relationship, but the defenoant ohiected thereto. No evidence was in- troduced to show such relationship. Held that the motion to quash the panel was properly overruled.
 2. Confession; insanity.-A state ment made by a prisoner about an hou. after the commission of the alleged crime. which on its face Is prima facie voluntary. is admissible In eVioence both as a confession. and, under plea of insaniry. to show the condition of the defendants mind.
 8. Witness; conflict of testimony.- It is the province of the jury to deter- mine whether or not a witness Is mis- taken in his evidence where the evl- dence of such witness Is shown to pc in conflict with that Of another, ana 1t is not permissible to ask one witness if another witness was not mistaken in his evidence.
 witness: rule.-when witnesses have been placed under the rule, It rests in the sound discretion or the court to allow one, who did not retire from the court room, to be examined Especially, where such witness was ex- cused from the rule by the court.
 5. Insanity; evidence; declaration.- Although the fact that brother or the accused was insane Is admissible In evidence under a plea of insanity, such fact cannot be shown by the mere dec laration of the defendant to that erect.
 6. Evidence; collective facts.-Where a question calls for a shorthand rem dering of facts, but IS so general that irrelevant evidence would have been responsive to 1t, the question Is proper ly excluded.
 T, Evidence; opinion of non-experts. A non-expert witness. before he may be allowed to give his opinion of the existence of an unsound condition or mind, must be sworn to have had the opportunity to form Judgment. and this would depend upon the familiarity of the witness with the person whose sanity Is in question, the character or the disqualification, the nature and number of the extraordinary circum- stances detailed. and their proximity to the act involved in point of time.
 s. Same; same.-The question as to the competency of a witness 10 express an opinion as to the insane condition of A persons mind Is a question of the court, and not for the jury; and the courts decision on the question will not be revised unless 1t Is clearly made to appear to have been erroneous.
 g. Evidence; to what witness may not testify.-A witness cannot testlfy as to the cognition of another person.
 TO- Evidence; experts; province or court and jury.-While the court pro nounces on the competency of witnesses as experts. 1t Is the province of the fury to measure the weight of their oninions. and in order that the jury may have a proper appreciation of the value of such opinions. 1t is competent to develop on oss-examinatlon, the extent and accuracy of the experts knowledge of the particular subject upon which he has been called to testify as an expert
 II. Evidence; general objections to. "A general objection to evidence can not be sustained, unless the evidence Is mapifestly illegal and irrelevant. and apparently incapable of being rendered admissible in connection with other evidence. If a party objecting to evidence will not particularize. the court Is not bound to cast about for grounds upon which in the mind of counsel they are rested. but may prop erly disregard them. .. .-.-.: ~- l2. Evidence; sanity; competency of wttness-The rule with reference to the competency of witnesses called to testify to the sanity of a person Is not so exacting as 1t is with reference to those called to show insanity.
 1S Evidence; examination Of Wit ness.-There is no eIror in refusing to allow a question to witness which has already been fully answered by such witness.
 14. Evidence: rebuttal: discretion of court.-Where a witness Is examined In rebuttal. 1t Is in the discretion Of the court to allow a question. which though not in rebuttal. calls for evil dence otherwise admissible. And the exercise of this discretion will not be reviewed.
 I5. Objections to evidence: error without injury.--Where the answers to questions are favorable to the party objectinR. the court will not consider the nuestion of error since If there was