Herbert v. State
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas AY. AYert, Judge. Lawrence Herbert was convicted of seduction, and appeals. The defendant was indicted at the fall term, 1916, for seduction, was convicted, and from the judgment he appeals.
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Appeal from Law and Equity Court, Morgan County; Thomas AY. AYert, Judge. Lawrence Herbert was convicted of seduction, and appeals. The defendant was indicted at the fall term, 1916, for seduction, was convicted, and from the judgment he appeals. On the trial, the state offered testimony by the prosecutrix that the first act of intercourse took place in November, 1913, that there was a promise of marriage, and that it was by reason of the promise of marriage that prosecutrix yielded to the desires of defendant. After this, the state, over the objection and exception of defendant, was…
1Opinion of the Court
The objections to the testimony as to the subsequent and continuous association, protestations of love, and acts with the prosecutrix, tended to corroborate the statement of the state's witnesses, and to have shown a motive for her having yielded her virtue to him. It is earnestly insisted by appellant's counsel that the opinion in the case of Pope v. State, 137 Ala. 59, 34 So. 840, is contrary to this view. From a casual reading of that case, it would appear that it is in conflict with this decision; but such is not the case. In the Pope Case, there was no question as to the prior chastity…
2Cases cited6 opinions
- People v. ElcoMichigan Supreme Court · 1902
- Ferguson v. StateMississippi Supreme Court · 1894
- Suther v. StateSupreme Court of Alabama · 1897
- State v. RobertsonSupreme Court of North Carolina · 1897
- Bracken v. StateSupreme Court of Alabama · 1895
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3Cited by3 opinions
- Davis v. StateAlabama Court of Appeals · 1922
- Dill v. StateAlabama Court of Appeals · 1921
- Hardy v. StateAlabama Court of Appeals · 1921