Alabama Court of Appeals May 29, 1917, 8 Div. 453. (Hairrell v. State)

SAMFORD, J.

The defendant was indicted, tried, and convicted of an assault to murder one Mattie Phillips, and from a judgment of conviction he appeals.

[1, 2]

On the trial of the case, the evidence being largely circumstantial, the state undertook to prove threats made by the defendant against the party assaulted; and on the direct examination of the witness Skinner, the solicitor asked this