Tucker v. State
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before ITon. A. H. Alston. S. Berry Tucker was convicted of seduction and he appeals.
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Appeal from Shelby Circuit Court. Heard before ITon. A. H. Alston. S. Berry Tucker was convicted of seduction and he appeals. The court erred in refusing to permit the defendant to show that the prosecutrix did not make immediate complaint. — Smith v. The State, 47 Ala. 540; Mayfield, Yol. 1, p. 760. The court erred in instructing the jury to' disregard argument of counsel criticizing testimony of witness. — - Cross v. The State, 68 Ala. 476; Pruitt v. The State, 9 South. 406. The court erred in its oral charge to the jury. — Toole v. The State, 88 Ala. 158; Minge v. The State, 73 Ala. 1. The…
1Opinion of the CourtDowdell, C. J.
The appellant was indicted and tried for the seduction of one Pauline Gibson, an unmarried woman. On the trial the said Pauline was examined as a witness on behalf of the state. She denied yielding her consent to sexual intercourse with the defendant, and testified that the intercourse was accomplished by force and against her will. The court refused, on the objection of the solicitor, to permit the defendant to ask this witness “if she complained to any one of the defendant’s conduct toward her.”
In prosecution for rape, the fact that immediate complaint by the person assaulted was or was not…
2Cases cited1 opinion
- Cross v. StateSupreme Court of Alabama · 1881
3Cited by14 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Mosley v. StateSupreme Court of Alabama · 1941
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Roberson v. StateSupreme Court of Alabama · 1912
- Hembree v. StateAlabama Court of Appeals · 1924
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