Legal Opinion

Tarver v. State

Alabama Court of Appeals

Decided April 20, 1920No. 8 Div. 743PublishedCited by 14 opinions

Appeal from Circuit Court, Morgan County ; E. Loyd Tate, Judge. Baymond Tarver was convicted of seduction, and he appeals. The court erred in not granting the motion to exclude the state’s evidence, as it failed to make out a prima facie case. 16 Ala. App. 213, 77 South. 83; 162 Ala. 81, 50 South. 281; 162 Ala. 74, 50 South. 279, 19 Ann. Cas. 867; 118 Ala. 99, 24 South. 43; 90 Ala. 641, 8 South. .821; 11 Alá.

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Appeal from Circuit Court, Morgan County ; E. Loyd Tate, Judge. Baymond Tarver was convicted of seduction, and he appeals. The court erred in not granting the motion to exclude the state’s evidence, as it failed to make out a prima facie case. 16 Ala. App. 213, 77 South. 83; 162 Ala. 81, 50 South. 281; 162 Ala. 74, 50 South. 279, 19 Ann. Cas. 867; 118 Ala. 99, 24 South. 43; 90 Ala. 641, 8 South. .821; 11 Alá. App. 134, 66 South. 126. Eor the same reason the defendant was entitled to the affirmative charge. One of the questions at issue was whether or not the prosecutrix was a chaste woman at…

1Opinion of the CourtMerritt, J.

[1] The defendant was con-

victed under an indictment on a charge of seduction, and sentenced to the penitentiary for a term of not less than three nor more than five years. Upon the solicitors resting the case of the state, and before the defendant introduced any testimony, the defendant moved to exclude ail of the evidence introduced by the state because it failed to establish a prima facie case. There was no error committed by the trial court in overruling this motion. McCray v. Sharpe, 188 Ala. 375, 66 South. 441; Scales v. Central Iron & Coal Co., 173 Ala. 639, 55 South. 821; Mobile Light…

2Cases cited17 opinions

  1. Hall v. StateSupreme Court of Alabama · 1901
  2. Wilson v. StateSupreme Court of Alabama · 1883
  3. Whatley v. StateSupreme Court of Alabama · 1906
  4. Williams v. StateSupreme Court of Alabama · 1887
  5. Hussey v. StateSupreme Court of Alabama · 1888

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Brooks v. City of BirminghamAlabama Court of Appeals · 1944
  2. Watkins v. StateSupreme Court of Alabama · 1929
  3. Thorne v. StateAlabama Court of Appeals · 1925
  4. McDaniel v. StateAlabama Court of Appeals · 1931
  5. Bailey v. StateAlabama Court of Appeals · 1942

9 more not listed; retrieve them via the Exa API.

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