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207 Ala. 609

93 So 528

Studemeyer v. State

Supreme Court of Alabama

Decided June 1, 1922

Supreme Court of Alabama · decided 1922-06-01

Relies on DeArman v. State · Amos v. State · Lambert v. State

Decided 1922-06-01

SAYRE, J.

¶1 Appellant was convicted of murder in the first degree. Appellant reserved a bill of exceptions at the trial, but we find nothing to require extended treat-, ment. Appellant offered to prove difficulties on sundry occasions between deceásed and negroes about the plant where appellant and *610 deceased were employed and a “shooting scrape” in-another county. We presume this was for the purpose of showing that deceased was a man of violent or turbulent disposition or character. The court’s exclusion of this evidence must he approved on two distinct grounds: (1) Appellant did not adopt the proper method of proving character (De Arman v. State, 71 Ala. 361; Lambert v. State, 205 Ala. 547, 88 South. 847), and (2) such evidence was inadmissible in advance of a showing of self-defense (Amos v. State, 96 Ala. 120, 11 South. 424).

¶2 There was no error; the sentence of the law must be executed.

¶3 > Affirmed.

All the Justices concur.
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