Stewart v. State

BRICKEN, Presiding Judge.

The indictment in this case charged the appellant (defendant below) with the offense of rape. There was but one count in the indictment.

This is the second appeal in this case. 26 Ala.App. 392, 161 So. 112, 114. In the former opinion supra, this court properly held, “It was within the province of the court to permit the solicitor to ask leading questions of the witness Susie Emma Turner.”

By the foregoing pronouncement, this court did not mean to imply, nor did this court have the authority to hold, that questions to a witness seeking an answer as to the legal effect of…