Burk v. State
Alabama Court of Appeals
Appeal from Circuit Court, Talladega County; Í3. W. Tate, Special Judge. Grover Burk was convicted of seduction, and he appeals. There was not sufficient corroborative evidence under the statute to sustain the charge, and the court should have directed a verdict for the defendant. 73 Ala. 51; 73 Ala. 527; 79 Ala. 14; 142 Ala. 33, 39 South. 341; 133 Ala. 198, 32 South.. 56, 91 Am.
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Appeal from Circuit Court, Talladega County; Í3. W. Tate, Special Judge. Grover Burk was convicted of seduction, and he appeals. There was not sufficient corroborative evidence under the statute to sustain the charge, and the court should have directed a verdict for the defendant. 73 Ala. 51; 73 Ala. 527; 79 Ala. 14; 142 Ala. 33, 39 South. 341; 133 Ala. 198, 32 South.. 56, 91 Am. St. Rep. 25; 90 Ala. 641, 8 South. 821; 93 Va. 815, 22 S. E. 863; 2 Words and Phrases, 1628. The question of corroboration was one of fact. The prosecutrix was corroborated sufficiently, and the affirmative charge…
1Opinion of the Court
The defendant was charged with, and convicted of, seduction. This offense is strictly statutory, resulting, therefore, that the terms of the particular statute in question must govern and control a charge of this character.
The section of the Code under which this charge was preferred by indictment is as follows:
"Any man who, by means of temptation, deception, arts, flattery, or a promisee of marriage, seduces any unmarried woman in this state, must, on conviction, be imprisoned in the penitentiary for not less than one nor more than ten years; but no indictment or conviction shall be had…
2Cases cited1 opinion
- Cunningham v. StateSupreme Court of Alabama · 1882
3Cited by7 opinions
- Harris v. StateAlabama Court of Appeals · 1925
- McDaniel v. StateAlabama Court of Appeals · 1931
- Mitchell v. StateAlabama Court of Appeals · 1962
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1922
- Harris v. StateAlabama Court of Appeals · 1925
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