Legal Opinion

Smith v. State

Alabama Court of Appeals

Decided June 15, 1915PublishedCited by 13 opinions

Seduction. Wade Smith was convicted of seduction, and be appeals. (This case was reviewed by the Supreme Court on certiorari, and the writ clenied.

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Seduction. Wade Smith was convicted of seduction, and be appeals. (This case was reviewed by the Supreme Court on certiorari, and the writ clenied. See 193 Ala. 680, 69 South. 1020.) ^ The following are the charges referred to in the opinion, refused to the defendant: (2) If the jury find from all the evidence in the' case that Rena Smith testified as she did to the intercourse in the room of Wade Smith because of her subsequent pregnancy, and not because of the arts, flattery, or persuasion of Wade Smith, then they cannot convict. (3) If, after considering all the testimony, you find that…

1Opinion of the CourtThomas, J.

(1, 2) The charge was seduction, and the defendant before entering upon the trial made a motion to quash the indictment on the alleged ground that it was found by the grand jury upon the uncorroborated evidence of the female alleged to have been seduced.—Code, § 7776; Hart v. Allen, 117 Ala. 183, 23 South. 43; Allen v. State, 162 Ala. 74, 50 South. 279, 19 Ann. Cas. 867; Holland v. State, 11 Ala. App. 134, 66 South. 126.

*403The state joined issue upon the motion, and it was incumbent upon defendant to prove its allegations, since, presumptively, the indictment, which' had been duly returned by…

2Cases cited12 opinions

  1. Hall v. StateSupreme Court of Alabama · 1901
  2. Duvall v. StateSupreme Court of Alabama · 1879
  3. Davis v. StateAlabama Court of Appeals · 1913
  4. Johnson v. HollidayIndiana Supreme Court · 1881
  5. Suther v. StateSupreme Court of Alabama · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Stone v. StateSupreme Court of Alabama · 1922
  2. Phillips v. AshworthSupreme Court of Alabama · 1929
  3. Tarver v. StateAlabama Court of Appeals · 1920
  4. Gore v. StateAlabama Court of Appeals · 1927
  5. Shadix v. BrownSupreme Court of Alabama · 1927

8 more not listed; retrieve them via the Exa API.

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