Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellant, Isaac Smith, (colored), was convicted of rape upon tbe person of his daughter, Judy Smith, and sentenced to the penitentiary for life.
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Appeal from the Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellant, Isaac Smith, (colored), was convicted of rape upon tbe person of his daughter, Judy Smith, and sentenced to the penitentiary for life. The judgment entry, so far as it relates to the oath administered the jury, was as follows : “ Thereupon came a jury of good and lawful men, to-wit, John Moore and eleven others, who, being duly elected, tried and sworn and impanneled well and truly to try the issue joined between the State of Alabama and the prisoner at the bar, upon their oaths do say,” &c. The bill of…
1Opinion of the CourtB. E. Saeeold, J.
The appeal is from a conviction and sentence for rape.
The record recites that the jury was “ sworn and impanneled well and truly to try the issue joined between the State of Alabama and the prisoner at the bar.” • An essential portion of the oath required to be taken was omitted. Joe Johnson v. The State, 47 Ala. 9.
The question objected to as leading, is not so. It is a' direct inquiry concerning the existence of an indispensable fact.
The general- rule is, that the prosecutor can not enter into an examination of particular acts of the accused, even when the latter has called witnesses in…
2Cases cited3 opinions
- Felix v. StateSupreme Court of Alabama · 1851
- Elam v. StateSupreme Court of Alabama · 1855
- Johnson v. StateSupreme Court of Alabama · 1872
3Cited by6 opinions
- McQueen v. StateSupreme Court of Alabama · 1895
- St. Louis, Iron Mountain & Southern Railroad v. StroudSupreme Court of Arkansas · 1899
- McLoyd v. StateCourt of Criminal Appeals of Alabama · 1979
- Savage v. StateAlabama Court of Appeals · 1930
- Central Iron & Coal Co. v. AddingtonSupreme Court of Alabama · 1907
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