Legal Opinion

Griffin v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 27 opinions

From the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. The defendant in this case was indicted for a rape, pleaded not guilty to the indictment, and was tried on issue joined on that plea. A bill of exceptions was reserved on the trial, which expressly states that all the evidence adduced on the trial is not set out therein, “ but only so much as is necessary to present the points reserved.”

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From the Circuit Court of Pike. Tried before the Hon. Jno. P. Hubbard. The defendant in this case was indicted for a rape, pleaded not guilty to the indictment, and was tried on issue joined on that plea. A bill of exceptions was reserved on the trial, which expressly states that all the evidence adduced on the trial is not set out therein, “ but only so much as is necessary to present the points reserved.” It was shown that the prosecutrix, at the time of the alleged rape, was living in a house alone with her little daughter, a child about eight years old, and the offense was committed on…

1Opinion of the Court

CLOPTON, J. —

On an indictment for rape, it is competent to show by the prosecutrix, or by another, or by both, that re-1 cently after the alleged rape she made complaint to persons to whom complaint, on the occurrence of such outrage, would naturally be made. When the complaint constitutes no part of the res gestie, and is received only as corroborative of her testimony, neither the particulars detailed by her, nor the name of the person whom she mentioned as the offender, can be given *32in evidence in the first instance. But the defendant may, on cross-examination, inquire into the particulars…

2Cases cited6 opinions

  1. Baccio v. . the PeopleNew York Court of Appeals · 1869
  2. Johnson v. StateSupreme Court of Alabama · 1856
  3. Nichols v. StewartSupreme Court of Alabama · 1852
  4. Thompson v. StateIndiana Supreme Court · 1871
  5. Scott v. StateSupreme Court of Alabama · 1872

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

3Cited by27 opinions

  1. Knight v. StateSupreme Court of Alabama · 1962
  2. Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Aaron v. StateSupreme Court of Alabama · 1961
  4. Lee v. StateSupreme Court of Alabama · 1944
  5. State v. OgdenOregon Supreme Court · 1901

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

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