Mickle v. State

GARDNER, Justice.

This is defendant’s second appeal from a conviction of rape. Mickle v. State (Ala. App.) 142 So. 120.

The testimony of the witness Charlie Foster as to what was said by the prosecutrix when he went to her house, in response to her summons, was but the remainder of a conversation, a part of which defendant had himself previously elicited, and its admission was without error. Allen v. State, 134 Ala. 159, 32 So. 318; Catts v. Phillips, 217 Ala. 488, 117 So. 34.

Moreover, we conclude the defendant’s objection to the evidence is based upon the erroneous assumption that what…