Brand v. State
Alabama Court of Appeals
Seduction. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Dutch Brand was convicted of seduction, and he appeals.
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Seduction. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Dutch Brand was convicted of seduction, and he appeals. The following charges were refused to the defendant: “(3) Although you may be satisfied beyond a reasonable doubt that defendant had sexual intercourse with the prosecutrix, and that no one had ever had sexual intercourse with her, and that defendant had told her she was good-looking and pretty, yet this is not enough to warrant a conviction.” “(6) The jury must find beyond all reasonable doubt that the flatteries, temptations, or other deceptions that are…
1Opinion of the CourtBlown, J.
(1, 2) Section 6 of the Constitution of 1901 does not guarantee to the accused the personal attendance of his witnesses, but a right to “have compulsory process for obtaining witnesses in bis favor,” and this has been construed to embrace only tbe ordinary process of subpoena, and not tbe extraordinary compulsory process by attachment in case subpoena duly served is not obeyed.—Sanderson v. State, 168 Ala. 109, 53 South. 109; Childress v. State, 86 Ala. 77, 5 South. 775.
In this case it was shown that tbe defendant obtained tbe ordinary process of subpoena for bis witnesses, which was served…
2Cases cited16 opinions
- People v. HallMichigan Supreme Court · 1882
- Hall v. StateSupreme Court of Alabama · 1901
- Wilson v. StateSupreme Court of Alabama · 1883
- Childress v. StateSupreme Court of Alabama · 1888
- Walker v. StateSupreme Court of Alabama · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Beecher v. StateSupreme Court of Alabama · 1975
- White v. StateCourt of Criminal Appeals of Alabama · 1972
- Windom v. StateAlabama Court of Appeals · 1922
- Spelce v. StateAlabama Court of Appeals · 1924
- Chambers v. StateAlabama Court of Appeals · 1919
16 more not listed; retrieve them via the Exa API.