Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried, before the Hon. J. A. Bilbro. The indictment in this case was returned to the circuit court of Cherokee county, on July 15, 1892. The evidence on the part of the State tended to show that the defendant was guilty as charged in the indictment ; while the defendant, as a witness in his own behalf, testified that he had never promised to marry the prosecutrix until after criminality.
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Appeal from the Circuit Court of Cherokee. Tried, before the Hon. J. A. Bilbro. The indictment in this case was returned to the circuit court of Cherokee county, on July 15, 1892. The evidence on the part of the State tended to show that the defendant was guilty as charged in the indictment ; while the defendant, as a witness in his own behalf, testified that he had never promised to marry the prosecutrix until after criminality. The only rulings of the court upon the.evidence, which are reviewed on this appeal, are sufficiently shown in the opinion. During the examination of one of the…
1Opinion of the CourtColeman, J.
The defendant was indicted, tried and convicted of the offense of seduction. Several exceptions were reserved to the ruling of the court upon the admission and exclusion of evidence, and also to instructions given and refused, by the court.
The attempts on the part of the defendant to prejudice the prosecutrix before the jury by asking questions which called for mere hearsay and irrelevant evidence were very properly disallowed and excluded. Of this character of evidence we specify the following, to the witness Fannie Smith, the half sister of the prosecutrix : “Did not you and your husband…
2Cases cited9 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Wilson v. StateSupreme Court of Alabama · 1883
- Green v. StateSupreme Court of Alabama · 1892
- Wilkins v. StateSupreme Court of Alabama · 1893
- Childs v. StateSupreme Court of Alabama · 1876
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3Cited by16 opinions
- Suther v. StateSupreme Court of Alabama · 1897
- Smith v. StateSupreme Court of Alabama · 1897
- Tarver v. StateAlabama Court of Appeals · 1920
- Pope v. StateSupreme Court of Alabama · 1902
- Page v. StateCourt of Criminal Appeals of Alabama · 1993
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