Legal Opinion

McKenzie v. State

Supreme Court of Alabama

Decided April 10, 1947No. 6 Div. 490PublishedCited by 36 opinions

1Opinion of the Court

SIMPSON, Justice.

The defendant was convicted of an assault with intent to rape Miss Lois Eddins. The Court of Appeals affirmed as proper the introduction of proof tending to show defendant’s assault with intent to rape a Mrs. Outlaw at the .same place a few weeks after the alleged assault on the prosecutrix, basing the decision on the intent rule enunciated by Wigmore, Vol. II, § 357(3d Ed.), and applied in Wilkins v. State, 29 Ala.App. 349, 197 So. 75, certiorari denied, 240 Ala. 52, 197 So. 81.

The rationale underlying the principle of admissibility of evidence of such acts of like kind in…

2Cases cited3 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1941
  2. Wilkins v. StateAlabama Court of Appeals · 1940
  3. People v. CosbyCalifornia Court of Appeal · 1934

3Cited by36 opinions

  1. Mason v. StateSupreme Court of Alabama · 1953
  2. Brewer v. StateCourt of Criminal Appeals of Alabama · 1983
  3. Miller v. StateCourt of Criminal Appeals of Alabama · 1981
  4. Fikes v. StateSupreme Court of Alabama · 1955
  5. Noble v. StateSupreme Court of Alabama · 1950

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