Smitherman v. State
Supreme Court of Alabama
From the Circuit Court of Bibb. Tried before the Hon. John Moore. The indictment in this case was found on the 20th April, 1866, and charged “that William Smitberman, a man, did live with Margaret Strong, a woman, in a state of adultery or fornication.”
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From the Circuit Court of Bibb. Tried before the Hon. John Moore. The indictment in this case was found on the 20th April, 1866, and charged “that William Smitberman, a man, did live with Margaret Strong, a woman, in a state of adultery or fornication.” “On tbe trial,” at tbe October term, 1866, as tbe bill of exceptions states, “ when tbe case was called, tbe State introduced Samuel Frazer as a witness, who testified that, on tbe 20th April, 1866, one James Smitberman resided, with bis family, on a tract of land in- said county which belonged to said witness, and Margaret Strong resided with…
1Opinion of the CourtJudge, J.
Tbe evidence admitted against tbe objection of tbe defendant, related exclusively to transactions which occurred subsequent to tbe finding of tbe indictment. In prosecutions like tbe present, evidence of tbis character is, primafacie, irrelevant; and, when offered, its relevancy should be shown by its connection with acts already in evidence, or its proposal with facts subsequently to be established. If its relevancy be not shown, it is error to *357permit it to be introduced, unless tbe record affirmatively shows that tbe defendant could not have been injured by it, which is not shown by tbe…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1852
3Cited by2 opinions
- Morrison v. MorrisonSupreme Court of Alabama · 1891
- Blackwell v. HamiltonSupreme Court of Alabama · 1872