Starke v. State
Starke v. State.
Opinion of the Court
SIMPSON, Judge.
The appeal is from a judgment of conviction of 'manslaughter and a sentence of five years imprisonment.
It was competent, as bearing upon the issue of self-defense, for the State to prove that immediately after defendant felled him with an axe the deceased was searched and no weapon was found. Hendley v. State, 200 Ala. 546 , 76 So. 904 ; Ousley v. State, 23 Ala.App. 139 , 122 So. 300 ; Jones v. State, 20 Ala.App. 247 , 101 So. 331 .
There was no contention that defendant fled or attempted to evade arrest. It was therefore incompetent for the defense to show that he voluntarily surrendered. Hurst v. State, 1 Ala.App. 235 , 56 So. 18 ; Phillips v. State, 11 Ala.App. 15 , 65 So. 444 ; Hendley v. State, 200 Ala. 546 , 76 So. 904 ; Vaughn v. State, 130 Ala. 18 , 30 So. 669 .
No other exceptions are meriting of treatment. The case was well tried and every right of defendant duly safeguarded. The record is free of error and the judgment is affirmed.
Affirmed.
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