Legal Opinion

Love v. State

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 12 opinions

Appeal from Lee Circuit Court. Tried before Hon. A. A. Evans. Jolm Love a white man was convicted of living • in adultery with Alice Pinckard, a negro Avoman. He demurred to the indictment because it did not charge that the parties lilted in adultery or fornication “Avith each other.”

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Appeal from Lee Circuit Court. Tried before Hon. A. A. Evans. Jolm Love a white man was convicted of living • in adultery with Alice Pinckard, a negro Avoman. He demurred to the indictment because it did not charge that the parties lilted in adultery or fornication “Avith each other.” There Avas evidence that Avhile the defendant and Alice Pinckard were under arrest by the tOAvn authorities for disorderly conduct, before the commencement of the prosecution in this case, the defendant said to Alice, “I’ve spent a heap of money on you to get yon out of your troubles; and uoav you have gone and…

1Opinion of the CourtDowdell, J.

— The precise question presented by the defendant’s demurrer to the indictment has been decided by this court, and the demurrer held not to be well taken. — Pace & Cox v. State, 69 Ala. 231.

So far as the bill of exceptions discloses, at the time of the declaration or statement made by the defendant to the woman Alice in the presence of the witness Mills, assuming that it was a confession, which we do not here concede, there was no charge against the defendant of the offense for which he was on trial. The officer arrested the defendant for the violation of a city ordinance, “on a charge of…

2Cases cited2 opinions

  1. Pace v. StateSupreme Court of Alabama · 1881
  2. Sullins v. StateSupreme Court of Alabama · 1875

3Cited by12 opinions

  1. Smith v. StateSupreme Court of Alabama · 1916
  2. Goldin v. StateSupreme Court of Alabama · 1961
  3. Patton v. StateSupreme Court of Alabama · 1916
  4. Gilmore v. StateSupreme Court of Alabama · 1899
  5. Whitehead v. StateAlabama Court of Appeals · 1918

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