The Montgomery advertiser., 1906-03-27

l wHATLEY V. STATE OF ALABAMA. Decided January 11th, 19o6.-tSs So- Rep. 1014)
 l. Judge: Supernumerary Judge; | Powers.-Section 1. (Acts 1S9s-99 ?. | 23s) confers upon the Supernumerary | Judge the right to exercise all the powers of a circuit judge. Sec. 917, Code 1896. authorizes the presiding judge. during a regular term of the court to order an adjourned term to a | time to be fixed by him. Held; that the Supernumerary Judge could order and hold an adjourned term of the court while presiding at a regular term.
 2 Judges; Statutory Provisions; Constltutionality.
 Sections 1 and 2. of the act creating the ofice of Supernumerary Judge (Acts 1S9S-99 D. 236), are sufficiently clear and full to create the office and confer upon the holder the Jurisdiction and powers exercised by him in this case; and these sections could stand alone, eonceding the remaining sec tions to be unconstitutional, a point not decided.
 3. Jury: Incompetency of Juror: Grounds of Chaiienge.-1n prosecu- tion for an offense punishable by i'm prisonment in the penltentiary, 1t Is proper grounds for challenge for cause by the State. when juror states that he does not believe conviction should be had upon circumstantial testimony. Code, Sec. 501S.
 {. Seduction: admissibillty of evi- dence.--In a prosecution for seduction evidence of whether or not defendant was making love to the prosecutrix Is admissible. So. also, to show how long defendant and prosecutrix have been keeping company" So, also, to show when prosecutrix gave birth to child, as tending to corrobarate pros ecutrix as to time of sexual inter course. So also, conversation between defendant and prosecutrix of pre- vious marriage of defendant and his efforts to get divorce.
 5. Criminal Law: adm bsions by de- fendant.-voluntary statements made after 1t is charged the act was commit ted by the defendant are admissible as confessions.
 6. Same; appeal; presumptions.-It will be presumed. upon appeal, that the trial court properly performed It's duty Of ascertaining that confession was voluntarily made before admission. un- less the record affrmativefy shows that 1t did not do so.
 T. Same; admissions; letters.-Let- ters voluntarily written by the de- fendant to the prosecutrix containing discriminating admissions, where prop erIy identified. are admissible. 1 g. Same; character; ex parte certi- | hcates.--An ex parte certificate as to | the character of the prosecutrix, made | while attending a business college, by a person connected with said college | Is admissible for any purpose. | g. Witness; examination; scope-lt | is within the discretion of the tria court as to what scope he will allow | on the redirect examination of wit ] ness: and it is not reversible error tc l sustain objections to matters not ir l rebuttal of the things brought ou' upon the cross examination.
 10. Criminal law; harmless error instructions.-It is error without In jury to refuse a charge embodying in 1 structions fully covered by another
 charge already given. Nor is It erroi
 to refuse a charge argumentative 1T
 character, nor one singling ou
 and emphasizing certain portions of th'
 testimony.
 ii. Same: trial; instructions.-A
 charge recurring the State to provt
 "every element necessary to constitute
 the cSense" is properly refused Wha
 are the elements of an offense Is ;
 question of law for the court.
 12 Same; same; reasonable doubt
 A charge that the jury can not find th'
 defendant not guilty unless every on'
 of the jurors have reasonable doub
 of the guilt. is a correct statement O
 the law.
 13. Same; same-A charge that ! reasonable doubt is a doubt growing
 out of the evidence for which jur!
 can give a reason. if bad, is error with
 out injury, as being favorable to de fendant.
 II. Seduction; evidence; age of pros
 ecutrix.-In a prosecution for seduc
 tion it is competent for the defendan
 to show the age of the prosecutrix al
 A. circumstance to go to the jury. alont
 with the other evidence, in determinint
 whether the clements constituting thu
 charge existed or not; but it does no
 constitute an issue in the case as
 defense sufficient to authorize an ac
 quitta1.
 Appeal from Walker Circuit Court Heard before Hon. A. H. Aston, re
 Versed and remanded.
 Oninion by Anderson. J. Tyson, Dow
 dell and Simpson. U. concurrlng-