Legal Opinion

Johnson v. State

Alabama Court of Appeals

Decided December 13, 1938No. 4 Div. 434Published

1Opinion of the Court

Perhaps none but the jury could say whether or not, under the evidence in this case, appellant obtained and exercised the privilege of having sexual intercourse with the young lady involved "by means of temptation, deception, arts, flattery, or a promise of marriage." Code 1923, § 5490.

But the testimony is rather strongly suggestive of the fact that it may have been just another case of a man and woman merely having sexual intercourse pending an engagement to marry — which is not an offense denounced by the Code section cited. Durell v. State, 23 Ala. App. 307, 124 So. 665.

However that may…

2Cases cited2 opinions

  1. Durell v. StateAlabama Court of Appeals · 1929
  2. Murphree v. StateAlabama Court of Appeals · 1929

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