(85 South. 821)
Ex parte LUNDY. LUNDY v. STATE.
(4 Div. 892.)
(Supreme Court of Alabama.
June 30, 1920.)
Criminal law <(&wkey;438 — Photograph of deceased admissible.
In a murder trial, photograph of deceased held, properly received in evidence.
Certiorari to Court of Appeals.
Charlie Lundy was convicted of murder, his conviction affirmed by the Court of Appeals (85 South. 819), and he petitions for certiorari.
Writ denied.
E, O. Baldwin, of Andalusia, for petitioner.
J. Q. Smith, Atty. Gen., for the State.
[MAJORITY — McCLELLAN, j.]
McCLELLAN, j.
The questions argued in the brief in support of the application for certiorari were correctly decided by the Court of. Appeals. 85 South. 819. The reference in the opinion of the Court of Appeals to the photograph of the deceased might be interpreted as casting doubt upon the correctness of the action of the trial court in admitting that photograph in evidence. The photo was properly received in evidence. Sanders v. State, 202 Ala. 37, 79 South. 375, 376.
Writ denied.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.