Gaines v. State
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. ’ Heard before Hon. John Pelham. Columbus Gaines, alias, etc., was convicted of rape, and appeals.
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Appeal from Cleburne Circuit Court. ’ Heard before Hon. John Pelham. Columbus Gaines, alias, etc., was convicted of rape, and appeals. The court erred in permitting the witness to give the details of the complaint made by her sister, the prosecutrix, as to the rape. — Posey v. The State, 143 Ala. 54; Oakley v. The State, 135 Ala. -5; S. C. 135 Ala. 28; Bray v. The State, 131 Ala. 46; Barnett v. The State, 83 Ala. 43; Griffin v. The State, 76 Ala. 31; Lacy v. The State, 45 Ala. 80; Scott v. The State, 48 Ala. 420.
1Opinion of the CourtMayfield, J.
Defendant was indicted for rape upon Fannie Turner, who testified that the crime was committed in the house of the defendant, about midnight, when defendant crept into the' bed with the prosecutrix and ravished her; that she was sleeping in a bed by herself, hut in the same room with defendant and his wife, who was Fannie’s sister. Fannie further testified that she fought defendant and cried, and called to her sister, hut that her sister did not answer; that defendant remained in bed with her about 10 minutes, and then went hack to bed with his wife; that she, Fannie, soon went to sleep, and…
2Cases cited6 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- Bray v. StateSupreme Court of Alabama · 1901
- Scott v. StateSupreme Court of Alabama · 1872
- Oakley v. StateSupreme Court of Alabama · 1902
- Posey v. StateSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lee v. StateSupreme Court of Alabama · 1944
- Allford v. StateAlabama Court of Appeals · 1943
- Curry v. StateAlabama Court of Appeals · 1929
- Taylor v. StateAlabama Court of Appeals · 1924
- Huggins v. StateSupreme Court of Alabama · 1960
11 more not listed; retrieve them via the Exa API.