Humphries v. State

CATES, Judge.

The first trial of this cause was, on former appeal, held infected with error because of the cumulative prejudicial effect of the solicitor’s examining and cross examining, 38 Ala.App. 388, 84 So.2d 669.

Tried anew to a jury, Humphries was, on August 29, 1956, found guilty with his punishment to be two years in the penitentiary. His motion for a new trial seasonably filed was overruled September 29, 1956. The cause was submitted here without oral argument February 21, 1957.

Viewed from the verdict, the State presented a case showing that:

The prosecutrix, a girl of 14, lived “down…