Cotton v. State
Supreme Court of Alabama
From tbe Circuit Court o£ Dale. Tried before tbe Hon. Jesse M. Carmichael. Tbe defendants in tbis case, Greene Cotton and William Hendrix, freedmen, were jointly indicted, tried and convicted of committing a rape on Martba Fralisb, and were sentenced to tbe penitentiary for life. “On tbe trial,” as tbe bill of exceptions states, “evidence was produced by tbe State tending to sbow tbe defendants’ guilt.
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From tbe Circuit Court o£ Dale. Tried before tbe Hon. Jesse M. Carmichael. Tbe defendants in tbis case, Greene Cotton and William Hendrix, freedmen, were jointly indicted, tried and convicted of committing a rape on Martba Fralisb, and were sentenced to tbe penitentiary for life. “On tbe trial,” as tbe bill of exceptions states, “evidence was produced by tbe State tending to sbow tbe defendants’ guilt. Tbe prosecutrix swore positively to tbe commission of tbe offense, and tbat tbe defendants committed it; also, tbat it was tbe first time sbe ever saw tbem. Tbe defendants produced evidence…
1Opinion of the CourtMcCLELLAN, J.
The defendants in the court below were identified by the prosecutrix, as the perpetrators of the crime. It was attempted to be shown that, before their arrest, she had given descriptions of them, which were not accurate. The purpose, and only legitimate effect of this testimony was, to engender in the minds of the jury a doubt as to the certainty of her subsequent identification of the parties. To meet this tendency, it was entirely competent to show that she fixed upon these men as the criminals, out of a number who had been brought before her. To be able to select one or more out of a…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Shelton v. StateSupreme Court of Alabama · 1882
- Ex parte WinstonSupreme Court of Alabama · 1875
3Cited by26 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Hawes v. StateSupreme Court of Alabama · 1889
- Peterson v. StateSupreme Court of Alabama · 1933
- Springer v. ByramIndiana Supreme Court · 1894
- Lester v. JacobsSupreme Court of Alabama · 1925
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