Fennell v. State

¶1 [1] The state’s witness

¶2 Shaneyfelt testified:

“I lost a bracelet watch in February, 1917, which was taken out of the dwelling house of A. C. Lockhart, in Decatur, Morgan county, Ala., between 8 and 9 o’clock in the morning. I lived in the house with Mr. Lockhart, and it was taken out of my room. The watch was taken from a jewelry box on the dresser. The defendant and a boy by the name of Dunnaway were in my room that morning, and remained there some 25 or 30 minutes. A little more than an hour after they left I missed my watch. I afterwards got the watch back from policeman Bass. … I had a room at Mr. Lock-hart’s, 411 West Market street. … I rented the room from Mrs. Irene Lockhart. … He and his wife both lived there together. … I had rented a room from Mrs. Lockhart about a year. While I occupied one room, Mr. and Mrs. Lockhart occupied the balance of the house.”

¶3 This evidence tends to sustain the averments of the indictment that the watch was *122 taken “from the dwelling house of A. C. Lockhart,” and the defendant’s motion to exclude the evidence, on the ground that there was a variance between the averments and proof, was properly overruled, and the affirmative charge requested by the defendant was properly refused. Jackson v. State, 102 Ala. 167, 15 South. 344.

¶4 [2] It was not permissible for the defendant to show that the witness Slianeyfelt was a woman of lewd habits, or that the place where she lived was “of low character and a notorious place,” or that no other families-except negroes lived near the witness. Terry v. State, 15 Ala. App. 665, 74 South. 757; Coates v. State, 5 Ala. App. 182, 59 South. 323; McCutchen v. Loggins, 109 Ala. 457, 19 South. 810; McQueen v. State, 108 Ala. 54, 18 South. 843; Way v. State, 155 Ala. 52, 46 South. 273; Story v. State, 178 Ala. 98, 59 South. 480.

¶5 We-find no error in the record.

¶6 Affirmed.