Myers v. State
Supreme Court of Alabama
Appeal from Calboun Circuit Court. ■ Tried before Hon. L. F. Box. The indictment found at February term 1888 of tbe Circuit Court, stated that “Joe Myers and Mary Myers forcibly ravished Mary H. Jones, a female, against the peace and dignity of the State of Alabama.” There were several grounds of demurrer interposed to the indictment; among them, the failure to allege that the said Mary H. Jones was a woman and that she did not consent to the ravishment.
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Appeal from Calboun Circuit Court. ■ Tried before Hon. L. F. Box. The indictment found at February term 1888 of tbe Circuit Court, stated that “Joe Myers and Mary Myers forcibly ravished Mary H. Jones, a female, against the peace and dignity of the State of Alabama.” There were several grounds of demurrer interposed to the indictment; among them, the failure to allege that the said Mary H. Jones was a woman and that she did not consent to the ravishment. The objection to the testimony appears in the opinion. The defendants were convicted and sentenced to the penitentiary for life. They were…
1Opinion of the CourtStone, C. J.
The words female and woman, used as the former was in the indictment before us, mean the same thing, and the indictment is sufficient. — 1 Brick. Dig. 499, § 736; Sparrenberger v. State, 53 Ala. 481; Smith v. State, 63 Ala. 55; Block v. State, 66 Ala. 493; Parker v. State, 39 Ala. 365; Watson v. State, 55 Ala. 150.
The expert witness, who had made a professional examination of the girl, the alleged subject of the rape, was asked to state the condition in which he found her and her clothing. This was ten days after the offense was charged to have been committed. The witness gave testimony…
2Cases cited5 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Smith v. StateSupreme Court of Alabama · 1879
- Block v. StateSupreme Court of Alabama · 1880
- Parker v. StateSupreme Court of Alabama · 1864
- Watson v. StateSupreme Court of Alabama · 1876
3Cited by10 opinions
- McGuff v. StateSupreme Court of Alabama · 1889
- Patterson v. StateSupreme Court of Alabama · 1932
- Weems v. StateSupreme Court of Alabama · 1932
- White v. StateSupreme Court of Alabama · 1939
- Slagle v. StateAlabama Court of Appeals · 1959
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