The Montgomery advertiser., 1908-06-01
WALKER THE STATE. Murder.--(Decided Jan. 23, 1908 .--4 t6t. South 641l

biSildu3 Jss Who uASSShtos WALKER THE STATE. Murder.--( (Decided Jan. 23. 1908. --45 1. South. 64o).
 1. Jury; summonsing; mistake in. name of juror. "A mistake in the name of g venireman Is not sufficient grounds to quash the venire. under the express provisions of Section 6oo7;' such juror should be discarded and another substituted. 3. Same; capital cases; separate ven- ire; necessity for "A separate venire
 is necessary for each capital case, and the court should always draw venire
 for each capital case:
 3. Same; qualifying questions --Af.s ter the court has sworn a juror and
 propounded the qualifying statutory
 questions, 1t Is within the discretion
 of the court to permit or not. other
 questions to be asked the juror and not fevisab ble.
 (. Same; challenge; juror witness; excused by court While the fact that a juror drawn to try capital case
 has been subpoeaned as q witness in said cause constitutes good ground for challenge for cause. the court must not, of its own motion, discharge the juror. as the cause may be waived.
 s. Criminal law: evidence; opinion; appearance or condition .--Wher the evidence tended to show that defendant inflicted the blows from which the de- ceased died. and that the person who Inflicted them wore overalls, witness
 who, was present when defendant was arresfed and suit of pverallN found,
 was propefly allowed Co testify that
 the knees of the overalls looked like blood had been washed off. as such was the statement of fact and not of an
 opinion.
 statement of witness that in his
 judgment there were bloody prints on
 defendants shirt, was the expression of a mere opinion and not admissible. lat [, Same; showing; evidence as to- Where defendant offered in evidence a
 showing for a named witness, 1t was competent to show by those acquainted with the facts that no such person lived in the community. 8. Homicide; reasonable doubt "A charge asserting that if there was one single fact proved to the jury's satis- faction which was inconsistent with defendants guilt. that is sufficient to raise a reasonable doubt. and the jury
 should acquit. correctly states the law.
 g. Criminal law; venue; proof The venue, of crime should never be left 1 in doubt or to be supplied by infer. ence when 1t may be readily proven. Appeal from Walker Law and Equity Court.
 Heard before Hon. T. L. sowell. Reversed and remanded. Opinion by l Denson,. J.
 Tyson. c. J.. and Haralson and Simpson. JJ., concur.
 POLK ct al V. STATE ex rel SMITH r. ct al.
 | Quo warranto.--(Decid Jan. 22, 1908. 45 South e52).
 l l. Appeal; ruling on Pleading Ut was not error to sustain demurrer to certain paragraph of defendants an- swer. where such paragraph professed to answer only those paragraphs in | conplatnant's petition which had been eliminated by demurrer. 2. Religious societies; incorporation; {;
 proceedings Pursuant to meeting held by certain persons a certificate
 was filed in the office of Judge of Pro-
 bate in compliance with Section 1893, Code. 1896, and certificate of tncorpora- | tion was issued to the persons shown | in the certificate ,filed, incorporating | them as q religious organization. Sup- sequently an attempt was made on the | part of other members to organize and
 incorporate themselves as religious
 society for the purpose of defeating the | former act of incorporation. Held: 1 The latter attempt is void
 Appeal from Bessemer City Court. Heard before Hon. William Jackson. |. Afirmed. opinion by Tyson. c. J. Dowdsll. Anderson and Mcclellan. JJ., concur.