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
*398ON BEHEABING.
(17, 18) On re-examination of the case, and in view of the showing in the record that “the defendant moved the court to permit him to make a showing of what he expected to prove by said (absent) witnesses, and this the court refused and denied, and to this ruling and action of the court the defendant then and there duly excepted,” we are of the opinion that the judgment must be reversed. The defendant was entitled to make this showing to the trial court, and to be heard to that extent, at least, as a predicate to exercising his right to review the action of the court in refusing…
2Cases cited2 opinions
- Sellers v. StateAlabama Court of Appeals · 1913
- Chandler v. StateAlabama Court of Appeals · 1915