Legal Opinion

Pitman v. State

Supreme Court of Alabama

Decided December 19, 1906PublishedCited by 29 opinions

Assault With Intent to Ravish. Appeal from Monroe Circuit Court. Heard before Hon. J. T. Lackland. The defendant was indicted, tried, and convicted for an assault with intent to ravish one Tiny Collins. When Alice and Tiny Collins, witnesses for the state, were being examined, they were each asked by the solicitor, “Did the defendant come into your room that night?” and both answered, “Yes, sir.”

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Assault With Intent to Ravish. Appeal from Monroe Circuit Court. Heard before Hon. J. T. Lackland. The defendant was indicted, tried, and convicted for an assault with intent to ravish one Tiny Collins. When Alice and Tiny Collins, witnesses for the state, were being examined, they were each asked by the solicitor, “Did the defendant come into your room that night?” and both answered, “Yes, sir.” The defendant objected to the question, and also moved to exclude the answer, on the grounds, first, that the question was leading, and because the answer -was given in response to a leading…

1Opinion of the CourtSimpson, J.

— The defendant was. convicted • of the offense of committing an assault with intent to- ravish. As to the first exception, referring to the leading question to Mr. Pitman, it is a matter within the discretion of the court to allow a leading question, and his- action-is not reviewable on appeal.—Brassel v. State, 91 Ala. 45, 8 South. 679.

•The testimony about the- firing of. the pistol, seeing the defendant go up the steps to his room, about whether or not the defendant was in the habit of .taking breakfast at the house of the father of the prosecutrix, and did not do so the morning after…

2Cases cited11 opinions

  1. Ex parte AcreeSupreme Court of Alabama · 1879
  2. Gilmore v. StateSupreme Court of Alabama · 1892
  3. Pickens v. StateSupreme Court of Alabama · 1896
  4. Turner v. StateSupreme Court of Alabama · 1899
  5. Dollar v. StateSupreme Court of Alabama · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Skumro v. StateSupreme Court of Alabama · 1936
  2. Orr v. StateSupreme Court of Alabama · 1932
  3. State v. WilsonWyoming Supreme Court · 1924
  4. Gratton v. StateCourt of Criminal Appeals of Alabama · 1984
  5. Owens v. StateSupreme Court of Alabama · 1926

24 more not listed; retrieve them via the Exa API.

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