2 Div. 977.
April 2, 1931. Rehearing Denied April 30, 1931.
Appeal from Circuit Court, Sumter County; Benj. F. Elmore, Judge.
O. B. Cornelius, of Birmingham, for appellant.
A confession, to be admissible, must be freely and voluntarily made, and a predicate must be laid from which it appears that it was voluntary. Corbin v. State, 19 Ala. App. 439, 98 So. 132; Id., 210 Ala. 369, 98 So. 134; Gilbert v. State, 20 Ala. App. 28, 100 So. 566. The court may not charge upon the effect of the evidence unless required to do so by one of the parties, nor upon the degree of murder. Code 1923, § 9507; De Bardelaben v. State, 205 Ala. 658, 88 So. 827. A charge which does not predicate a reasonable doubt on the evidence is erroneous. Haswell v. State, 17 Ala. App. 519, 86 So. 170. The court should charge the jury only upon the law and the evidence and not upon the argument of council. Code 1923, § 9507.
Thos. E. Knight, Jr., Atty. Gen., for the State.
Brief did not reach the Reporter.
The defendant was convicted of murder in the first degree and given the death penalty.
We think that the trial court did not err in holding that a sufficient predicate was laid for the introduction of the confession of the defendant.
The brief of counsel for the appellant criticizes certain portions of the oral charge of the trial court, but we find no objection or exception thereto.
The judgment of the circuit court is affirmed.
All the Justices concur.