Legal Opinion

Hardy v. State

Alabama Court of Appeals

Decided December 20, 1921No. 5 Div. 376Published

Appeal from Circuit Court, Goosa County; W. L. Longshore, Judge. Ira Hardy was convicted of seduction, and he appeals. The girl alleged to have been seduced was Vera Glenn.- During the cross-examination counsel for the defendant asked the prosecutrix the following question: “Miss Glenn, do you remember Mr. Gullege coming to your house and taking your statement in the preliminary investigation?” The witness answérod: “Yes, sir.”

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Appeal from Circuit Court, Goosa County; W. L. Longshore, Judge. Ira Hardy was convicted of seduction, and he appeals. The girl alleged to have been seduced was Vera Glenn.- During the cross-examination counsel for the defendant asked the prosecutrix the following question: “Miss Glenn, do you remember Mr. Gullege coming to your house and taking your statement in the preliminary investigation?” The witness answérod: “Yes, sir.” She was then asked the following question: “Did you at that time state to him or not that you had been having illicit intercourse with Mr. Hardy for seven or eight…

1Opinion of the CourtSamford, J.

The charge of the court nowhere appears in the record, and therefore this court cannot pass upon the several written charges requested by the defendant other than the general charge, which will be referred to hereafter. Williams v. State, 16 Ala. App. 825, 77 South. 919; Biles v. State, 16 Ala. App. 404, 78 South. 320.

[1] The predicate laid to the witness Vera Glenn for the purpose of impeaching her testimony was not sufficient, and hence the objection of the state to the testimony of the witness Gullege as to what she told him was properly sustained.

[2] The evidence in this case shows…

2Cases cited5 opinions

  1. Suther v. StateSupreme Court of Alabama · 1897
  2. Tarver v. StateAlabama Court of Appeals · 1920
  3. Herbert v. StateAlabama Court of Appeals · 1917
  4. Williams v. StateAlabama Court of Appeals · 1918
  5. Biles v. StateAlabama Court of Appeals · 1918

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