Story v. State
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Clarence Story was convicted of carnally knowing a woman against her will, and he appeals. The brief on original submission did not reach the reporter. On rehearing counsel insist that to. give the statute the construction contended for by the State would be to eliminate therefrom the words, “without her consent,” and this the courts will not do.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Clarence Story was convicted of carnally knowing a woman against her will, and he appeals. The brief on original submission did not reach the reporter. On rehearing counsel insist that to. give the statute the construction contended for by the State would be to eliminate therefrom the words, “without her consent,” and this the courts will not do. The testimony offered to show the-character and general reputation of the prosecutrix was improper, as it involved particular acts or conduct.. —76 Ala. 9; 83 Ala. 20; 85 Ala.…
1Opinion of the CourtMcCLELLAN, J.
The indictment contained two-counts; the first charging rape of Beatrice McClure, and the second charging the violation of the following penal statute (Code, § 7698) : “Carna] knowledge of women by administering drug, etc. — Any person who *100has carnal knowledge of any woman above fourteen years of age, without her consent, by administering to her any drug or other substance which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished at the discretion of the jury, by death or by imprisonment in the penitentiary for-…
2Cases cited12 opinions
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- State v. PattersonSupreme Court of Missouri · 1885
- Holland v. BarnesSupreme Court of Alabama · 1875
- Boddie v. StateSupreme Court of Alabama · 1875
- Rigsby v. StateSupreme Court of Alabama · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Norris v. StateSupreme Court of Alabama · 1934
- Patterson v. StateSupreme Court of Alabama · 1937
- Williams v. StateCourt of Criminal Appeals of Alabama · 1973
- Green v. StateAlabama Court of Appeals · 1923
15 more not listed; retrieve them via the Exa API.