Legal Opinion

Hussey v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 32 opinions

Erom the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the seduction of,Rebecca LcLendon, an unmarried female. On the trial, the prosecutrix testified that the defendant seduced her, in the summer.of 1886, under promise o£ marriage, she being engaged at the time to marry him; that she gave birth to a child in July, 1887, of which he was the'father; and that she had never had sexual intercourse with any other man.

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Erom the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the seduction of,Rebecca LcLendon, an unmarried female. On the trial, the prosecutrix testified that the defendant seduced her, in the summer.of 1886, under promise o£ marriage, she being engaged at the time to marry him; that she gave birth to a child in July, 1887, of which he was the'father; and that she had never had sexual intercourse with any other man. The child was born in Columbus, Ga., where the prosecutrix was visiting with her mother; and she admitted that, on the…

1Opinion of the CourtSomerville, J.

The fourth and fifth charges requested by the defendant were mere arguments for the jury on the facts of the case, and announced no sound propositions of law based on the evidence, as all charges should do, other than those based on the sufficiency of the evidence. “Charges of this character,” as we have heretofore observed,

*36“asserting that the jury ‘may look to’ this fact, or ‘may consider’ that fact, or ‘are authorized to infer’ certain formulated conclusions from the evidence, and especially from specific parts of it, have often been condemned by us as objectionable, and should never be…

2Cases cited3 opinions

  1. Kenyon v. . the PeopleNew York Court of Appeals · 1863
  2. Wilson v. StateSupreme Court of Alabama · 1883
  3. Snider v. BurksSupreme Court of Alabama · 1887

3Cited by32 opinions

  1. Phillips v. StateSupreme Court of Alabama · 1946
  2. Bancroft v. OtisSupreme Court of Alabama · 1890
  3. Smith v. StateSupreme Court of Alabama · 1889
  4. Braham v. StateSupreme Court of Alabama · 1904
  5. Mitchell v. StateSupreme Court of Alabama · 1891

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