The opinion
BROWN, P. J.
This is the second appeal in this case. Harper v. State, 13 Ala. App. 47 , 69 South. 302 . The only matters urged in brief of the appellant by his able counsel are the refusal of charge 6 and the denial of the motion for new trial.
[1]
Charge 6, though literally quoted from the opinion of thp court in Shell v. State, 88 Ala. 17 , 7 South. 40 , is argumentative and was properly refused. Newsom v. State, 15 Ala. App. 43 , 72 South. 579 ; Pope v. State, 174 Ala. 63 , 57 South. 245 .
[2]
The testimony of the jurors, on grounds of public policy, was not admissible to impeach the verdict; and the objection to the testimony offered to. show misconduct on the part of one of the jurors was properly sustained. Montgomery v. State, 133 Ala. 508 , 32 South. 261 ; Eufaula v. Speight, 121 Ala. 613 . 25 South. 1009 .
We find no error in the proceedings of the court, and the judgment is affirmed.
Affirmed.