Legal Opinion · Dissent

Woodson v. State

Supreme Court of Alabama

Decided July 6, 1910Published

Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Woodson was convicted of rape, and he appeals. The evidence is all set out in the bill of exceptions, and no offense is disclosed thereby.

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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Woodson was convicted of rape, and he appeals. The evidence is all set out in the bill of exceptions, and no offense is disclosed thereby. None of the requisites of the offense charged is made out. — Jacobi v. The State, 133 Ala. 8; Jones v. The Btcvbe, 90 Ala. 628; Norris v. The State, 87 Ala. 85; Lewis v. The State, 35 Ala. 380; Toulet v. The State, 100 Ala. 72. There is no error of record, and the bill of exceptions does not show that any exceptions were reserved, to the rulings of the trial court, nor does it set…

1DissentMayfield, J.

(dissenting). — I cannot agree to an affirmance of this case. The record shows the appellant to have been convicted of a grave felony aud sentenced by the lower court to 20 years’ imprisonment in the penitentiary. This record is certified by the lower court as containing “all the evidence.” It contains no evidence that shows, or in the slightest degree tends to show, the commission of any felony- — the one charged, or any other. This being true, I cannot understand how this court can say that there was no reversible error.

The mojority of the court hold- that, as the record fails to show that…

2Cases cited16 opinions

  1. Thompson v. StateSupreme Court of Alabama · 1894
  2. Matthews v. StateSupreme Court of Alabama · 1876
  3. Randolph v. StateSupreme Court of Alabama · 1893
  4. Vincent v. RogersSupreme Court of Alabama · 1857
  5. Justice v. StateSupreme Court of Alabama · 1892

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