Holland v. State
Alabama Court of Appeals
Appeal from. Limestone Circuit Court. Heard before Hou. D. W. Speaks. Hughey Holland ivas convicted of seduction, and be appeals.
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Appeal from. Limestone Circuit Court. Heard before Hou. D. W. Speaks. Hughey Holland ivas convicted of seduction, and be appeals. If indictment found on uncorroborated statement of prosecutrix it should be quashed on motion. — Allen v. State, 162 Ala. 74. Defendant is entitled to prove by the grand jurors that there was no evidence before them • corroboratory of prosecutrix. — Allen v. State, 162 Ala. 74; Hart’s Case, 117 Ala. 183. The mere fact that other witnesses than prosecutrix were examined did not prove that the testimony given by them was corroborative. — Allen v. State, 162 Ala. 74.…
1Opinion of the CourtWalker, P. J.
The indictment was in the Code form for an indictment for seduction (Code, § 7161, form 97), except that “di” occupied the place of the word “did,” as used in that form. No person of common understanding who might detect the omission of a let-, ter from one word of the indictment could fail to know from the context, as a matter of common sense, the exact word which was intended, and that the defect was a mere clerical error, which did not in the least obscure the meaning of the charge. Such a person would not be more certain of the meaning if there had been no omission of the final “d.” An…
2Cases cited8 opinions
- Wilson v. StateSupreme Court of Alabama · 1883
- Munkers v. StateSupreme Court of Alabama · 1888
- Suther v. StateSupreme Court of Alabama · 1897
- Allen v. StateSupreme Court of Alabama · 1909
- Sanders v. StateAlabama Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Mitchell v. StateAlabama Court of Appeals · 1938
- Durden v. StateAlabama Court of Appeals · 1922
- Gary v. StateAlabama Court of Appeals · 1922
- Tarver v. StateAlabama Court of Appeals · 1920
8 more not listed; retrieve them via the Exa API.