Legal Opinion

Smith v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 16 opinions

Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbbo. The defendant, George Smith, was indicted, tried and convicted for the seduction of Beulah Bumsay. The rulings of the court upon the evidence, to which exceptions were reserved, áre sufficiently shown in the opinion.

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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbbo. The defendant, George Smith, was indicted, tried and convicted for the seduction of Beulah Bumsay. The rulings of the court upon the evidence, to which exceptions were reserved, áre sufficiently shown in the opinion. Among the charges given by the court at the request of the State, to the giving of each of which the defendant separately excepted, were the following: (1.) “The court charges the jury, that if the jury believe beyond a reasonable doubt from the evidence, that within three years before the finding of…

1Opinion of the CourtHaralson, J.

1. In a case of this character, the inquiry is not as to character or reputation of the prosecutrix, but as to her actual chastity at the time of the alleged seduction. — Hussey’s Case, 86 Ala. 34; Wilson’s Case, 73 Ala. 527.

The witness for defendant, Mat. Sanford, testified to facts the tendency of Which was to impeach her chastity at that time., It was competent, therefore, for the prosecutrix in rebuttal, also to adduce evidence of her general character at that time. — Smith’s Case, 107 Ala. 139. Proof of character in this respect, however, since the alleged seduction, is irrelevant to…

2Cases cited12 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1883
  2. Clarke v. StateSupreme Court of Alabama · 1885
  3. Hubbard v. StateSupreme Court of Alabama · 1882
  4. Carney v. StateSupreme Court of Alabama · 1885
  5. White v. StateSupreme Court of Alabama · 1895

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

3Cited by16 opinions

  1. Smith v. StateSupreme Court of Alabama · 1916
  2. Brown v. StateSupreme Court of Alabama · 1904
  3. Shelton v. StateSupreme Court of Alabama · 1905
  4. Hammond v. StateSupreme Court of Alabama · 1906
  5. Pitts v. StateSupreme Court of Alabama · 1903

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

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