Oliver v. State

FOSTER, Justice.

The question discussed here is whether the affirmative charge should have been given defendant in a bastardy proceeding, on the ground as claimed that the bill of exceptions does not contain direct evidence that the prosecutrix was a single woman at the time of the birth of the child.

The Court of Appeals states in the opinion that there was testimony set out in the bill of exceptions from which the jury could permissibly infer that she was a single woman at the time. But the opinion quotes from Dorgan v. State, 72 Ala. 173, that the court will not reverse merely because the…