Legal Opinion

Bryan v. State

Alabama Court of Appeals

Decided May 31, 1921No. 6 Div. 868PublishedCited by 16 opinions

Appeal from Circuit Court, Matron County ; T. L. Sowell, Judge. George Bryan was convicted of having carnal knowledge of a girl over 12 and under 16 years of age, or abusing in an attempt to have carnal knowledge, and he appeals. The following charges were refused to the defendant: (1) Affirmative charge.

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Appeal from Circuit Court, Matron County ; T. L. Sowell, Judge. George Bryan was convicted of having carnal knowledge of a girl over 12 and under 16 years of age, or abusing in an attempt to have carnal knowledge, and he appeals. The following charges were refused to the defendant: (1) Affirmative charge. (2) Affirmative charges to count 1. (3) Affirmative charges to count 2. (5) You cannot convict the defendant upon the uncorroborated testimony of the state’s witness, Alberta Pranks. (7) If you have a reasonable doubt of the defendant’s guilt, growing out of any part of the testimony, then…

1Opinion of the Court

The appellant was convicted of having carnal knowledge of a girl over 12 years and under 16 years of age, and sentenced to the penitentiary for a term of 2 years. The indictment having been returned more than three years after the 1915 Act (Laws 1915, p. 137), amending section 7700 of the Code of 1907, became effective, it was not necessary for the indictment to allege the date of the commission of the offense charged, or that it was committed subsequent to the passage of this act. Nor was it necessary for the indictment to allege that the defendant was under 16 years of age, as this was a…

2Cases cited2 opinions

  1. Miller v. StateAlabama Court of Appeals · 1918
  2. Martin v. StateAlabama Court of Appeals · 1919

3Cited by16 opinions

  1. Ex Parte McIntoshSupreme Court of Alabama · 1983
  2. Sims v. CallahanSupreme Court of Alabama · 1959
  3. Davis v. StateAlabama Court of Appeals · 1925
  4. Hawkins v. StateCourt of Criminal Appeals of Alabama · 1989
  5. Diamond v. StateCourt of Criminal Appeals of Alabama · 1972

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