Jessie Mae Jackson was convicted in the Circuit Court of Etowah County of first degree manslaughter. She was given a sentence of five years. She appealed to the Court of Appeals, where the judgment of conviction was affirmed. She has filed in this court her petition for writ of certiorari to have us review and revise the opinion and judgment of the Court of Appeals.
We will consider the alleged errors on the part of the Court of Appeals in the order in which they are treated in the petition for the writ.
While wide latitude is allowed on cross-examination to develop a witness's bias, the trial court has reasonable discretion in confining examination to prevent diversion to outside issues. Hackins v. State, 212 Ala. 606, 103 So. 468. We cannot say that the trial court abused its discretion in sustaining the State's objection to the questions propounded the witness Cook on cross-examination concerning the alleged murder of his mother.
We agree with the Court of Appeals that the argument of the Solicitor with which the petitioner finds fault was a permissible inference from the evidence as set out in the opinion of the Court of Appeals. Beaird v. State, 219 Ala. 46, 121 So. 38; Patty v. State, 242 Ala. 304, 6 So.2d 399.
The petitioner's Charge 10, if not otherwise defective, is argumentative and therefore its refusal does not constitute reversible error. Tribble v. State, 145 Ala. 23, 40 So. 938; Montgomery v. State, 160 Ala. 7, 49 So. 902; Locklayer v. State, 209 Ala. 605, 96 So. 759.
To put the trial court in error for refusing a written charge, it must be free from involvement and misleading tendencies. Turner v. State, 160 Ala. 40, 49 So. 828.
Petitioner's written Charge 14 was in our opinion subject to the criticism directed against it in the opinion of the Court of Appeals. The words "and in connection" as used in that charge tend to indicate that the jury might be expected to consider all the evidence in connection with something else which is left undefined. In view of this defect we cannot say that the Court of Appeals erred in affirming the action of the trial court in refusing Charge 14.
A charge in the language of petitioner's Charge 22 was held good and its refusal reversible error in McAdory v. State, 62 Ala. 154.
We do not think the refusal of Charge 22 constitutes reversible error in this case.
In the court's oral charge and in the written charges given at the request of the petitioner, the jury was adequately charged to the effect that they should acquit the accused unless they were satisfied beyond a reasonable doubt and to a moral certainty of her guilt from all the evidence.
It is difficult to understand why the petitioner would complain because the jury was not instructed to the effect that her acquittal was dependant upon the jury accounting for her innocence upon a reasonable hypothesis from the evidence even though the State had failed to satisfy the jury beyond a reasonable doubt and to a moral certainty of her guilt from a consideration of the evidence. Yet that is the effect of Charge 22, as we understand it.
We hold, as did the Court of Appeals, that Charge 22 was refused without error for the reason that the same rule of law was substantially and fairly given to the jury in the court's oral charge and in written Charges 11, 12, 13 and 17 given at the request of the defendant. § 273, Title 7, Code 1940. See Supreme Court Rule 45.
The judgment of the Court of Appeals is affirmed.
LIVINGSTON, C. J., and STAKELY and MERRILL, JJ., concur.