Swint v. State
Supreme Court of Alabama
Appear from Loo Law and Equity Court. Heard before Hon. Arp,but E. Barnett. • Will Swint was convicted of assault with intent to ravish a female, and he appeals. The following charges were requested by, and refused to, the defendant: “(1) The character of the woman alleged to have been assaulted with regard to chastity may be proven, and the jury may weigh such evidence, together with all the evidence in the case, in determining the guilt or innocence of the defendant.
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Appear from Loo Law and Equity Court. Heard before Hon. Arp,but E. Barnett. • Will Swint was convicted of assault with intent to ravish a female, and he appeals. The following charges were requested by, and refused to, the defendant: “(1) The character of the woman alleged to have been assaulted with regard to chastity may be proven, and the jury may weigh such evidence, together with all the evidence in the case, in determining the guilt or innocence of the defendant. (2) The fact, if it be a fact,' that the woman alleged to have been assaulted, having never been a married woman, had been in…
1Opinion of the CourtHaralson, J.
The defendant asked his witness, McCurdy, “Do you know the general character of Lueva Hill for chastity in the community in which she lives?” The court sustained an objection to the question and would not. allow it answered.
Said Lueva had been examined, and gave evidence which, if believed, Avould tend to convict the defendant. The evident object of the evidence, if allowed, was to impeach the credibility of this AvitneSs.
In Rhea v. State, 100 Ala. 122, 14 South. 853, it was said: “Under our rule, bad general charater as a generic proposition, may be given in evidence to impeach a Avitness.…
2Cases cited5 opinions
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Hussey v. StateSupreme Court of Alabama · 1888
- Rhea v. StateSupreme Court of Alabama · 1893
- Austin v. StateSupreme Court of Alabama · 1906
- McInerny v. IrvinSupreme Court of Alabama · 1890
3Cited by7 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Story v. StateSupreme Court of Alabama · 1912
- Melvin v. StateAlabama Court of Appeals · 1944
- Huckabaa v. StateAlabama Court of Appeals · 1912
- Wilburn v. StateCourt of Criminal Appeals of Alabama · 1989
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