v.
State.
First degree manslaughter; sentence: three years' imprisonment.
Between 10:30 and 11:15 a.m. on December 29, 1979, the appellant shot and killed her husband at her mobile home in Randolph County. The fatal shot, fired from a .22 caliber rifle, struck the victim in *Page 34
the heart. The evidence presented was conflicting and presented a question for the jury. We find the evidence sufficient for the jury to have found the appellant guilty of the instant offense. Consequently, the trial court properly overruled her motion to exclude the State's evidence for failure to prove a prima facie case. Briggs v. State, Ala.Cr.App.,
In three of the eight instances, the question asked by the State was answered favorably to the appellant and did not prejudice her. A negative response from a witness to a question relating to a defendant's prior misconduct causes no injury to the defendant. Hill v. State, Ala.Cr.App.,
The appellant's objections in three other instances were sustained and thus there was no adverse ruling from which the appellant may appeal. Stinson v. State,
In one instance the appellant did not object until after the question had been answered, and the objection was based upon relevancy rather than upon improper character evidence. Nevertheless, the trial court sustained the objection. SeeStinson, supra. Likewise, the appellant failed to move to exclude the question and answer which would have amounted to a waiver had the trial judge not ruled favorably to the appellant. Burton v. State, Ala.Cr. App.,
Appellant's last insistence of error in this regard concerns the following question propounded to Mrs. Jeanette Henderson, a neighbor of the appellant, and her answer:
"Q. How well would you say you know the defendant, Gwen Yates?
"JOHN TINNEY: Judge, I object to this, we've gone too far for a mistrial, but if Mr. Hamner is going to insist on going along this line of questioning, I'm going to move for one.
"COURT: Overruled, go ahead.
"A. I know her pretty well, have for the last 5 or 6 years."
We are unable to see how the above question improperly elicits, either directly or indirectly, evidence of the appellant's character as alleged in appellant's brief. It merely attempts to establish that the witness knew the appellant and the witness' opinion of the quality of their relationship. Neither the question nor the answer is prejudicial to the appellant; therefore, we find no error in the trial court's overruling the appellant's objection. Furthermore, we note that appellant's argument on appeal is based on a ground not stated when the objection was made at trial. Consequently, an appellant is limited to those grounds raised at trial and may not expand them upon appeal. Likewise, a general objection is unavailing if the evidence is admissible for any purpose. Stringer v. State, Ala.Cr.App.,
Likewise, the State's closing argument concerning the victim's property did not constitute reversible error in light of the fact that the extent of the estate was admissible evidence at trial as tending to establish a motive for the homicide. The district attorney therefore had a right to comment on that evidence and draw reasonable inferences from it. Eddy v. State, Ala.Cr.App.,
In the first instance, the trial court sustained the appellant's objection. Appellant did not move the trial court to exclude the comment or instruct the jury to disregard it. Therefore, no adverse ruling exists from which the appellant may appeal. Cagle v. State,
In the latter two instances, the trial court did not rule on the appellant's objection. The record is void of any attempt by the appellant to invoke a ruling. "The general rule is that improper argument of counsel is not a ground for a new trial or subject to review on appeal unless there is due objection by counsel or a motion to exclude, an adverse ruling thereon bythe court, or a refusal of the trial court to make a ruling."
(Emphasis added.) Lawson v. State, Ala.Cr.App.,
In Smith v. State,
"[W]here a party desires the court to extend its oral charge to cover some applicable law in the trial of a case, his remedy is to request a written charge on the subject, which if refused would protect the record and present the matter to the Appellate Courts. The rules governing objections and exceptions to the oral charge of the court either in the matter of what the court says or does not say require that if the objection is to what the court did say the remedy is only by exception thereto (Passmore v. State,
47 Ala. App. 189 ,252 So.2d 115 ), and if the objection is to the court's refusal or omission to charge on a particular subject applicable under the evidence the procedure is by way of a requested written charge. (Lewis v. State,42 Ala. App. 166 ,157 So.2d 38 ; Tranholm v. State,38 Ala. App. 57 ,77 So.2d 491 )."A failure to pursue one of the remedies above set out, if proper and applicable to the case, is a waiver of a review by this court as to the matters in question."
See also Hall v. State, Ala.Cr.App.,
AFFIRMED.
All the Judges concur.