Lewis v. State
Alabama Court of Appeals
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Hint Lewis was convicted of felonious fornication, and he appealed. Charge 1, refused to the defendant, is as follows; If the jury is not satisfied that the defendant had illicit intercourse With Bess Adams, with the agreement that they would continue such intercourse, then they must acquit the defendant. The charges requested should have been given. 104 Ala. 56, 16 South. 7; 10 Ala.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Hint Lewis was convicted of felonious fornication, and he appealed. Charge 1, refused to the defendant, is as follows; If the jury is not satisfied that the defendant had illicit intercourse With Bess Adams, with the agreement that they would continue such intercourse, then they must acquit the defendant. The charges requested should have been given. 104 Ala. 56, 16 South. 7; 10 Ala. App. 11, 64 South. 516; 168 Ala. 127, 53 South. 283; 156 Ala. 175, 47 South. 100. The court was in error in its rulings on the evidence. 52 Ala. 24;…
1Opinion of the CourtMerritt, J.
[1] The appellant, Hint Lewis, was tried under an indictment which charges that he lived in a state of felonious adultery or fornication with Bess Adams, was convicted and sentenced to the penitentiary for a term of not less than two nor more than three years. The evidence tended to show that the appellant was an unmarried white man, and Bess Adams an unmarried negro woman, she living on appellent’s place and was the mother of five children; that the appellant visited her home once or twice a week; that he was seen to care for and put one of the children to bed, and that appellant stated the…
2Cases cited3 opinions
- Wright v. StateSupreme Court of Alabama · 1895
- Cole v. StateAlabama Court of Appeals · 1920
- Smith v. StateAlabama Court of Appeals · 1917
3Cited by2 opinions
- Griffith v. StateAlabama Court of Appeals · 1951
- Murphy v. StateAlabama Court of Appeals · 1937