Cunningham v. State
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. The indictment in this cause was found at the spring term, 1880, of said court, and charges that, before the finding thereof, the defendant, “by means of temptations, deceptions, arts, flattery, or a promise of marriage, did seduce the prosecutrix, an unmarried female.
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Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. The indictment in this cause was found at the spring term, 1880, of said court, and charges that, before the finding thereof, the defendant, “by means of temptations, deceptions, arts, flattery, or a promise of marriage, did seduce the prosecutrix, an unmarried female. On the trial the prosecutrix was examined as a witness on behalf of the State, and her testimony tended to show her seduction by the defendant under a promise of marriage, in said county, within twelve months before the finding of the indictment; that she was…
1Opinion of the Court
STONE, J.-
— -In the general, oral charge given to the jury in this cause,' the court instructed them “ that, before they ■could find the defendant guilty as charged in the indictment, they must be satisfied from the evidence, beyond all reasonable doubt, that, the defendant [committed the offense] in Talladega county, Alabama, and within twelve months next before the finding of the indictment in this case.” In tlpe first written charge, given at the instance of the prosecuting attorney, the question of venue is entirely pretermitted, as, an element of ■the defendant’s guilt. On this account,…
2Cases cited7 opinions
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- Bain v. StateSupreme Court of Alabama · 1878
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3Cited by22 opinions
- Carney v. StateSupreme Court of Alabama · 1885
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Munkers v. StateSupreme Court of Alabama · 1888
- Suther v. StateSupreme Court of Alabama · 1897
- Allen v. StateSupreme Court of Alabama · 1909
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