Richardson v. State
Supreme Court of Alabama
Arpeax. from Circuit Court of Greene. Tried before Hon. Luther B. Smith. Tbe appellant was indicted for rape upon one Yiney Hicks. Sbe was examined as a witness, and testified to the circumstances of tbe assault upon ber, and that tbe defendant threw ber down, and accomplished bis purpose. Sbe made but little outcry then, but told some persons afterwards.
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Arpeax. from Circuit Court of Greene. Tried before Hon. Luther B. Smith. Tbe appellant was indicted for rape upon one Yiney Hicks. Sbe was examined as a witness, and testified to the circumstances of tbe assault upon ber, and that tbe defendant threw ber down, and accomplished bis purpose. Sbe made but little outcry then, but told some persons afterwards. Tbe testimony showed that sbe came to a field where defendant was at work, to collect a small debt be owed ber, and a witness for tbe defense testified that be was at work near by when tbe prosecutrix came up; that defendant was engaged in…
1Opinion of the CourtStone, J.
We find nothing in this record to require a reversal of the sentence of conviction. In the general charge, there is at least one error of expression, but no exception is taken to any part, or even to the whole of that charge. We have repeatedly held that we will not reverse for erroneous instructions to the jury unless there be exception reserved to such instructions. The reason is obvious. If exception be taken, the error, if any, may be cured by a correction of the erroneous ruling; or, adverse counsel may prefer to withdraw such ruling, rather than incur the hazard of a reversal. Johnson…
2Cases cited6 opinions
- Johnson v. StateSupreme Court of Alabama · 1856
- Mooney v. StateSupreme Court of Alabama · 1859
- Morris v. StateSupreme Court of Alabama · 1854
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Martin v. HillSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hutto v. StateSupreme Court of Alabama · 1910
- Oakley v. StateSupreme Court of Alabama · 1902
- Leonard v. StateSupreme Court of Alabama · 1880
- Sanford v. StateAlabama Court of Appeals · 1913
- McWilliams v. StateAlabama Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.