Herndon v. State
Alabama Court of Appeals
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Frank Herndon was convicted of rape, and lie appeals. Counsel insist that the court erred in several particulars in the empaneling and arrangement of the jury that tried his case, to his prejudice, and in support of these insistences cite; Acts 1909, page 305; Jackson v. The State, 171 Ala. The court erred in refusing to give charge 1. —McQuirk v. The State, 81 Ala. 135; Davotdns p.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Frank Herndon was convicted of rape, and lie appeals. Counsel insist that the court erred in several particulars in the empaneling and arrangement of the jury that tried his case, to his prejudice, and in support of these insistences cite; Acts 1909, page 305; Jackson v. The State, 171 Ala. The court erred in refusing to give charge 1. —McQuirk v. The State, 81 Ala. 135; Davotdns p. The State, 58 Ala. 278. The court erred in refusing charge 2.' — State v. Murphree, 6 Ala. 765; Jones v. The State, 90 Ala. 629; Dawldns v. State,…
1Opinion of the CourtDe Graffenried, J.
The defendant was indicted for rape, was tried and convicted, and was sentenced to the penitentiary for 10 years.
*121Tlie undisputed evidence in the case shows that the prosecutrix was a woman whose reputation for chastity and for truth is bad, and while she testifies that defendant had sexual intercourse with her under circumstances constituting the crime of rape, and while her testimony is corroborated in some material particulars, the corroborative evidence, as well as the other evidence, tends strongly to show that, as a matter of fact, no rape was committed, but that the defendant had sexual…
2Cases cited6 opinions
- Jackson v. StateSupreme Court of Alabama · 1911
- Dawkins v. StateSupreme Court of Alabama · 1877
- Boddie v. StateSupreme Court of Alabama · 1875
- Griffin v. StateSupreme Court of Alabama · 1908
- Posey v. StateSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. WyssWisconsin Supreme Court · 1985
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Myhand v. StateSupreme Court of Alabama · 1953
- Smith v. StateCourt of Criminal Appeals of Alabama · 1978
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
21 more not listed; retrieve them via the Exa API.