Legal Opinion

Maske v. State

Alabama Court of Appeals

Decided January 9, 1923No. 6 Div. 26PublishedCited by 7 opinions

Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Coyle Maske was convicted of seduction, and lie appeals. Acts of intercourse by the parties subsequent to a seduction are inadmissible, and it is prejudicial error 'to admit evidence thereof over defendant’s objection. 149 La. 617, 89 South. 866; 78 South. 386; 137 Ala! 56, 34 South. 840; 18 Ala.

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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Coyle Maske was convicted of seduction, and lie appeals. Acts of intercourse by the parties subsequent to a seduction are inadmissible, and it is prejudicial error 'to admit evidence thereof over defendant’s objection. 149 La. 617, 89 South. 866; 78 South. 386; 137 Ala! 56, 34 South. 840; 18 Ala. App. 482, 93 South. 269. The introductipn of testimony as to the birth and paternity of a child born 15 months after an alleged seduction is indirect proof of an act of intercourse subsequent to the seduction, and the admission of such…

1Opinion of the CourtBricken, P. J.

[1-3] The defendant was indicted for and convicted of the offense of seduction; the alleged injured party being one Edna Jones. Under her testimony the offense was committed in the month of April, 1920; she having testified that' “he first had sexual intercourse with me in April, 1920.” This witness was permitted to testify, over the objection and exception of defendant, to acts between her and defendant committed subsequent to the time of the alleged seduction. And over the objection of defendant she was also permitted to testify that on the 31st day of July, 1921 (which was about 15…

2Cases cited4 opinions

  1. Davis v. StateAlabama Court of Appeals · 1922
  2. Herbert v. StateSupreme Court of Alabama · 1918
  3. Pope v. StateSupreme Court of Alabama · 1902
  4. Dill v. StateAlabama Court of Appeals · 1921

3Cited by7 opinions

  1. Martin v. StateAlabama Court of Appeals · 1923
  2. Shadix v. BrownSupreme Court of Alabama · 1927
  3. Mitchell v. StateAlabama Court of Appeals · 1924
  4. Durell v. StateAlabama Court of Appeals · 1929
  5. Parker v. StateAlabama Court of Appeals · 1934

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