Posey v. State
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. A. H. Alston. The defendant was tried and convicted of committing a rape. Anv facts necessary are shown by the opinion. In its general charge, the Court directed the jury that “The force need not be actual physical force; It is sufficient if it was a constructive force, such as duress or being put in fear.”
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Appeal from Shelby Circuit Court. Tried before Hon. A. H. Alston. The defendant was tried and convicted of committing a rape. Anv facts necessary are shown by the opinion. In its general charge, the Court directed the jury that “The force need not be actual physical force; It is sufficient if it was a constructive force, such as duress or being put in fear.” The defendant excepted to such part of the general charge, and also to the refusal of the Court to give the following written charges requested by him. “(1). The Court charges the jury that there is no evidence in this case which would…
1Opinion of the CourtTyson, J.
In prosecutions for rape it has been frequently decided by this Court that the State may show in corroboration of the testimony of the assaulted female, that she, shortly after the outrage upon her, made complaint of such occurrence to her father or mother, but such testimony is confined to the bare fact of complaint, and details of the occurrence or the identity of the person accused is not admissible. — Oakley v. State, 135 Ala. 15; S. C. Ib. 29; Bray v. State, 131 Ala. 46 and cases there cited.
This rule was violated in three instances as shown by the record: first, on the direct…
2Cases cited3 opinions
- McQuirk v. StateSupreme Court of Alabama · 1887
- Oakley v. StateSupreme Court of Alabama · 1902
- Bray v. StateSupreme Court of Alabama · 1901
3Cited by13 opinions
- Myhand v. StateSupreme Court of Alabama · 1953
- Lee v. StateSupreme Court of Alabama · 1944
- Parrish v. StateCourt of Criminal Appeals of Alabama · 1985
- Herndon v. StateAlabama Court of Appeals · 1911
- Green v. StateAlabama Court of Appeals · 1923
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