Elder v. State
Supreme Court of Alabama
Aituíal from the Circuit Court of Bullock.; Tried before the Hon. A. A. Evans. The appellant, Dan- Elder, was- indicted, tried and convicted of incest with one Paralee Elder.
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Aituíal from the Circuit Court of Bullock.; Tried before the Hon. A. A. Evans. The appellant, Dan- Elder, was- indicted, tried and convicted of incest with one Paralee Elder. On the trial of the case the evidence for the State tended to t show that the defendant was guilty of illicit intercourse with said Paralee Elder; that the defendant was the legitimate son -of one Jim Elder, now deceased, and that Paralee Elder was the grand-daughter of the said Jim Elder; she being the legitimate daughter of Leroy and Rachel Elder, -and Rachel Elder being the illegitimate daughter of said Jim Elder and…
1Opinion of the CourtDowdell, J.
While hearsay eAddence is admissible to prove pedigree, it seems to be the settled rule in this State, that the hearsay statements are limited to declarations made by a deceased relative or member of the family.—White v. Strother, 11 Ala. 720; Rowland v. Ladiga’s Heirs, 21 Ala. 32; Cherry v. State, 68 Ala. 29; Rogers v. DeBardelaben, 97 Ala. 154; 1 Greenleaf on Ev., (15th ed.), § 103; 18 Am. & Eng. Encyc. Law, 258-9.
Pedigree cannot be proven .by general reputation in the neighborhood. The court, therefore, erred in permitting the State to prove, against the objection of the defendant, the…
2Cases cited4 opinions
- White v. StrotherSupreme Court of Alabama · 1847
- Cherry v. StateSupreme Court of Alabama · 1880
- Rogers v. Debardeleben Coal & Iron Co.Supreme Court of Alabama · 1892
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
3Cited by8 opinions
- Duncan v. WatsonSupreme Court of Alabama · 1916
- Faggard v. FilipowichSupreme Court of Alabama · 1946
- Landers v. HayesSupreme Court of Alabama · 1916
- Collins v. StateSupreme Court of Alabama · 1928
- Goodwin v. StateAlabama Court of Appeals · 1911
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