Allen v. State
Supreme Court of Alabama
From the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael. The defendant is this case, Isham Allen, a freedman, was indicted for committing a rape on Annie Capers, a negro girl about sixteen years old; was convicted under the charge of the court, and sentenced to the pentitentiary for life.
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From the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael. The defendant is this case, Isham Allen, a freedman, was indicted for committing a rape on Annie Capers, a negro girl about sixteen years old; was convicted under the charge of the court, and sentenced to the pentitentiary for life. On the trial, as appears from the bill of exceptions, the prosecutrix testified to the commission of the offense by the defendant, stating time, place, and circumstances; while the defendant, testifying in his own behalf, admitted that he had connection with her at the time and place…
1Opinion of the CourtMcCLELLAN, J.
1. The defendant had the right to elicit from the witness Aggie Capers the particulars of the complaint made to her by the prosecutrix.—Griffin v. State, 76 Ala. 29; Scott v. State, 48 Ala. 420; Barnett v. State, 83 Ala. 40. This evidence was material, therefore; and it was competent to impeach the witness, by showing that she had stated these particulars out of court to be other than those to which she testified on the trial. This was proposed to be done by asking the witness Glenn, whether Aggie had not told him that the prosecutrix complained to her that the defendant had tried to rape…
2Cases cited6 opinions
- Barnett v. StateSupreme Court of Alabama · 1887
- McQuirk v. StateSupreme Court of Alabama · 1887
- Jackson v. StateSupreme Court of Alabama · 1883
- Griffin v. StateSupreme Court of Alabama · 1884
- Scott v. StateSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fisher v. StateCourt of Criminal Appeals of Alabama · 1976
- Mosley v. StateSupreme Court of Alabama · 1941
- State v. DizonHawaii Supreme Court · 1964
- Jones v. StateSupreme Court of Alabama · 1893
- Lang v. StateSupreme Court of Florida · 1900
6 more not listed; retrieve them via the Exa API.