LIVINGSTON, Chief Justice.
By the petition for certiorari and the supporting brief, appellant (defendant) presents for review two of the questions passed upon by the Court of Appeals, 58 So.2d 646. The first of these relates to the remark of a prospective juror advanced on the preliminary examination of the venire from which a jury was to be selected. On the basis of the recited facts and circumstances surrounding this occurrence, appearing in the opinion of the Court of Appeals, we are of the opinion that no error appears in the conclusion reached by the Court of Appeals. In effect, the prospective jurors were asked whether or not any one of them entertained a fixed opinion favorable to or against the defendant, or had heard or known anything which would affect their verdict. One of the jurors responded thus: "* * * if there is any whiskey mixed up in this inquiry I am for conviction." Thereupon defendant's attorney moved that the jury be discharged and, following a colloquy on the part of the respective attorneys and the court, the motion was overruled.
In our case of McGuire v. State, 239 Ala. 315, 194 So. 815, relied upon by the Court of Appeals, we held that in qualifying prospective jurors in a murder prosecution, much is left to the discretion of the trial court, and that, in the case then before us, there was no abuse of discretion on
The second question presented relates to an excerpt from the trial court's oral charge to the jury to which an exception was reserved. From the petition and brief it appears that the objectionable instruction was, in substance, a statement in the terms of a statute defining one of the degrees of homicide. As we interpret the argument it is not that the excerpt was an erroneous statement of law, but that it was inappropriate to the case as made by the evidence. In disposing of this question in the Court of Appeals it was there held:
This was no more nor less than an application of the doctrine of harmless error. We have consistently held that the application of the doctrine of harmless error by the Court of Appeals will not be reviewed on certiorari, in the absence of a statement of the pertinent facts. Grant v. State, 235 Ala. 663, 180 So. 333; City of Birmingham v. Lynch, 240 Ala. 24, 197 So. 48; Harris v. State, 247 Ala. 194, 23 So.2d 514.
Consideration by this court of decisions and opinions of the Court of Appeals is limited to those grounds on which the certiorari is sought. City of Gadsden v. Elrod, 250 Ala. 148, 33 So.2d 270.
BROWN, LAWSON and STAKELY, JJ., concur.