The Montgomery advertiser., 1905-10-01

record does not in terms show that the eonrt permitted the f1line of sucn pleas, they were ordered to be filed and made z part Of the record and the court sus- tained demurrer thereto, the conclu- ston is that the court allowed the filing oa tne pleas and they will be consid- filed.
 Presence of stenographer in siand Jury room; when authorized.-A plea n abatement setting up that there vas present during the examination of the witnesses before the grand jury which found the indictment, . stenog- rapher. duly sworn as such for the grand jury. and who. was not a mem act of December 10. 1900. (Acts 1s0o-ol, D. S0S) authorizing the employrzent of stenographer to attend before the grand jury.
 !. Concurrence of grand jurors; when shown.--Where the record shows that the grand jury which returned the indictment was composed of seventeen members. a plea intabatement. that one of the jurors was by reason of extreme deafness incompetent to hear the evil dence, is bad on demurrer. since 1t does not appear that sixteen of the grand jurors did not hear the evidence and vote upon it to find the indict- ,ment
 {. Indictment for murder: averment of means.-An indictment which charges that the defendant unlawfully and with malice aforethought killed A. B. "by hitting him or by striking him with a hatchet or with some blunt in- strument to the grand jury unknown" etc.. is sufficient and not subject to de- murrer.
 5. Same; evidence of drinking, when irrelevant.-On a trial under an indict-. ment for murder, evidence that de- ceased was a man who drank a good deal Is properly excluded when offered before there was any evidence of self defense, or any other issue which might have rendered the evidence relevant.
 6. Same; cross examination of wit ness.-1n such case, where the State brought out on direct examination of a witness that the deceased was in a saloon shortly before the killing and was drinking heavily" 1t was the right of the defendant on cross exami- nation to have the witness state the facts upon which the statement was predicated.
 '. Same; immaterial testimony-In in the saloon on the day previous to the day on which he was killed, was immaterial to the issues.
 8. Same; objection to question and an objection is made and sustained to a question propound- ed to witness, but the record is si- lent as to the answer expected, the court cannot consider the correctness of the ruling.
 g. Same; predicate for confession, when sufiicient.--where the officer who arrested the defendant testified that he made no threats against nor prom ises to the defendant nor offered him inAnrau1 fA vv.aE EA fof nor did others in his presence, he was permitted to state what the defendant told him about the killing.
 10. Same; same; when evidence of mob immaterial.-where the defen- dant sought to show that a mob was take him away from the officer who arrested him, and 1t does not appear that such fact existed prior to or con temporaneous with the making of a statement to the officer regarding the killing. the court properly sustained an objection to questions calling for such testimony.
 Ii. Same; character for honesty not in issue.--On a trial under an indict- ment for murder the defendants char acter for honesty Is not in issue.
 12. Same: character of defendants of the. defendants parents was not a subject of inquiry.
 1s Same; irrelevant testimony.-In such case the fact that deceased claimed to have been robbed had no tendency to prove that he was not person who maintained q good char acter for peace and quietude
 14. Same; argument Of counsel; ef- feet of showing for absent witnesses. In such case, where the State has admitted showings Of certain witness es for the purpose of going to trial. 3 statement of the solicitor that the State did not thereby admit the truth nesses were present they would swear as there shown, was proper.
 15. Same; right of defendant to have dispositions and showings taken out by Code. Sections 1884 and 5292 1t Is not a matter of right on the part of the defendant to have the jury take written depositions with them for use in their deliberations; and where the court sustained objections to cer- tain portions of the showings and de- positions of defendants witnesses, and the portions which were not ruled out were read to the jury. the court proper ly refused to permit the jury to carry the showings and depositions out with them.
 1e. Same; alternative averments.-| Under an indictment for murder alleg- lHk Iu0 hCdhb UT A0HuSht WttA which the killing was done in the "by hitting him or by striking him with a hatchet or with some blunt instrument to the grand jury unknown" charge which in structs the jury to find the defendant not guilty if :he grand jury knew from the evidence before them the means or instrument used in producing death. Is properly refused unless limited to the count containing the averment that the means were unknown.
 IT. Same: charge to tury-Charges which invade the province of the jury are properly refused.
 IS. Same; same; reasonable doubt A charge that "a reasonable doubt Is a doubt for which a reason can be given" Is bad and properly refused.
 10. Same; same: conviction of man. slaughter under indictment for mur- der-Under an indictment In the Code form (Code. Section 1923. No. 63) the defendant may be convicted of man. slaughter, and a charge to the jury to acauit the defendant if there Is no proof os any material allegation of murder. is properly refused.
 20. Same; same; freedom from fault Charges to the jury under an indict- ment for murder to acquit the defen- dant under his plet of self-defense if he dant under his plea of self-defense if he was reasonably without fault in bring