Dowling v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Eugene Dowling was convicted of rape, and appeals. The court erred in admitting evidence- of a- complaint made some years previous to tlie indictment. — Lacy v. The State, 45 Ala. 81; Griffin v. The State, 76 Ala. 29; Barnes v. The State, 88 Ala. 208. The court erred in the admission of the other evidence objected to. — Sanders v. The State, 41 South. 467; Dickey v. The State, 38 So.
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Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Eugene Dowling was convicted of rape, and appeals. The court erred in admitting evidence- of a- complaint made some years previous to tlie indictment. — Lacy v. The State, 45 Ala. 81; Griffin v. The State, 76 Ala. 29; Barnes v. The State, 88 Ala. 208. The court erred in the admission of the other evidence objected to. — Sanders v. The State, 41 South. 467; Dickey v. The State, 38 So. Rep. 777; Posey v. The State, 38 So. Repp. 1019; Oakley v. The State, 135 Ala. 15; Bray v. The State, 131 Ala. 46; McAlpme v. The State, 117 Ala.…
1Opinion of the CourtMcOLELLAN, J.
The appellant was convicted of rape. Outside of the error sought to be predicated upon tlie refusal to give, for the defendant, the general affirmative charge, all the exceptions attempting to bring up for. review the action of the trial court relate to the admissibility of testimony. A majority of these are founded on no ruling of the court, invoked by appropriate objection or motion to exclude. Merely objecting to a question propounded to a witness, or a motion to exclude testimony already admitted, is not enough to, on appeal, present any reviewable matter. It must appeár by the bill of…
2Cases cited2 opinions
- Dickens v. StateSupreme Court of Alabama · 1904
- Coppin v. StateSupreme Court of Alabama · 1898
3Cited by28 opinions
- Wear v. WearSupreme Court of Alabama · 1916
- Patton v. StateSupreme Court of Alabama · 1916
- Powell v. StateAlabama Court of Appeals · 1912
- Watson v. StateSupreme Court of Alabama · 1957
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
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