Dixon v. State
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Jolm Dixon was convicted of incest, and. appeals. The facts sufficiently appear in the opinion. The indictment is not sufficient. A girl is not a woman. A woman is a female past age of puberty. — Words & Phrases, Yol. 8, p. 7513; Blackburn v. Mtate, 28 Ohio St. 110. Incest is of purely statutory origin. — 10 A. & E. Ency.
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Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Jolm Dixon was convicted of incest, and. appeals. The facts sufficiently appear in the opinion. The indictment is not sufficient. A girl is not a woman. A woman is a female past age of puberty. — Words & Phrases, Yol. 8, p. 7513; Blackburn v. Mtate, 28 Ohio St. 110. Incest is of purely statutory origin. — 10 A. & E. Ency. Law, p. 335. The words of the.statute must be strictly followed therefore, in an indictment charging this offense. — Mparranburger v. Míate, 53 Ala. 481. -No brief came to the reporter.
1Opinion of the CourtHaralson, J.
The statute against incest is: “If any man and woman” (within the prohibited degrees), have sexual intercourse together, etc., they must on conviction be punished as herein prescribed. — Code 189(5, § 4889. The indictment charges that “John Dixon, a man, being the father of Oallie Dixon, a girl, and within the (prohibited) degree of consanguinity, etc., did have sexual intercourse with the said Gallic Dixon,” etc. There was a demurrer to the indictment in substance that it does not charge that the defendant had sexual intercourse with a woman; did not aver that Gal-lie Dixon was a woman, nor…
2Cited by3 opinions
- McCaskill v. StateSupreme Court of Florida · 1908
- Almon v. StateAlabama Court of Appeals · 1926
- Almon v. StateAlabama Court of Appeals · 1926