Dill v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Ered Dill, Jr., was convicted of seduction and he appealed. While the ease of Herbert v. State, 16 Ala.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Ered Dill, Jr., was convicted of seduction and he appealed. While the ease of Herbert v. State, 16 Ala. App. 213, 77 South. 83, holds that the evidence objected to was admissible, this case as to this was overruled by the Supreme Court (201 Ala. 532, 78 South. 886), and the court erred in admitting the testimony (137 Ala('59, 34 South. 840; 100 Ala. 130, 14 South. 472 ; 86 Ala. 54, 5 South. 419; 109 Ala. 45, 19 South. 491; 68 Ala. 599). Counsel discuss other matters, but in view of the opinion it is not deemed necessary to here…
1Opinion of the CourtSamford, J.
Aftfer proof of the act of intercourse which was claimed by the state to have been the basis for the charge, the state was permitted, over the timely objection, -and exception of defendant, to prove six other subsequent acts. However much this court might be inclined to the views expressed in Herbert v. State, 16 Ala. App. 213, 77 South. 83, that ease, on this point, has been overruled by the Supreme Court in Herbert v. State, 201 Ala. 480, 78 South. 386, and this court, by virtue of the statute is bound by it.
There are other questions presented by the record, but they will not probably arise…
2Cases cited2 opinions
- Herbert v. StateSupreme Court of Alabama · 1918
- Herbert v. StateAlabama Court of Appeals · 1917
3Cited by3 opinions
- Maske v. StateAlabama Court of Appeals · 1923
- Parker v. StateAlabama Court of Appeals · 1934
- Shaddix v. StateAlabama Court of Appeals · 1929