The petition for certiorari filed by the State is based solely on the ruling of the Court of Appeals with reference to the sustaining by the trial court of objections to the question propounded to the State's witness, Tucker, as follows:
Upon a consideration of the matter we have concluded that the cases of Lodge v. State, 122 Ala. 97, 26 So. 210 and Bennefield v. State, 134 Ala. 157, 32 So. 717, cited in the opinion of the Court of Appeals, sustain the conclusion reached by the Court of Appeals. We see no reason to overrule those cases and furthermore we see no reason to refer to the line of cases in this state which hold that a witness may not answer as to the uncommunicated intent of another. The question in the case at bar seeks to show the emotional state of the sheriff toward the defendant.
In Little v. Sugg, 243 Ala. 196, 8 So.2d 866, 876, it was said that, "A witness may testify as to the emotions manifested by another." In Pollard v. Rogers, 234 Ala.
The result is that the writ must be denied.
LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.