The Montgomery advertiser., 1905-10-26
of the stomach of the deceased.

or the stomach or the deceased.
 8. Same; same; motive.-Where a husband is charged with the murder of his wife by administering poison to her, it is admissible for a witrsss to testify as 10 the condition of the de- ceased when witness saw her before death; what she said to the defendant, and how he acted: also. as showing motive for the alleged crime, that de- ceased had baby abou- four weeks old, and that she had been married to de- fendant about two weeks. And further as showing motive, evidence is compe- tent showing that bastardy proceedings had been instituted by deceased against the defendant befoe their ma-riage and an indictment pending against him for seducing her, and for attempting to procure an abortion. In short, any ev- idence which tends to show a motive, however slight, should be left to the consideration of the jury.
 g. Homicide; evidence; res gestae; dying declarations.-Where a defend- ant is upon trial under an indictment charging him with murder by admins tering poison to the deceased, and 1t is shown that he gave deceased certain powders as headache remedy, a state ment by the deceased shortly after ward, and when apparently in pain, saying that T took the medicine Wal ter (the deceased) gave me. and 1t is
 
 admissible as dying declaration. but. under the circumstances Is admissible as part of the res gestae.
 10. Same: same; evidence of deceas- ed witness on former trial.-To author ize the admission of testimony of a witness since deceased, given on former trial, it must be shown that the testimony was given in a case where the parties and the issues were the same as in the case in which it Is pro- posed to prove the testimony of such deceased witness. But this rule does not apply only in cases where the main issue is the same Where the particu- lar issue, such as the genuineness of certain letters, arises in both cases, tes- timony of q deceased witness given in a former case between the same par ties, on that particular Issue, Is admis- sible in the latter case.
 II. Same; same.-Where defendant charged with murder sets up as a de- fense, that the deceased committed suicide it is competent to show by the defendant testifying in his own behalf. that the deceased had before made threats of taking her own life: and any acts or conduct by the deceased evencing such intention, is admissible in evidence.
 12. Same; same; charge of court-A charge of court to the jury that there
  meaning of that term, where two testi- fy that they were present and heard conversation, and one testlfies that he heard a certain portion of the conver- sation. and the other testifies that he did not hear that portion of it." Is err roneous, as 1t invades the province of the jury, to whom the question should be submitted, as to whether, under the circumstances, here was a conflict or not.
 l3. Same; same; same.-A charge that "a probability of the defendants in- nocence is stronger than that showing his guilt" is erroneous. probability of innocence may exist when no test! mony has been offered by the defend- ant, and there be also lack of testi- mony on part of the State, tending to show his guilt.
 IA. Charge of court; abstract charges. A charge requested. which Is based