Alsabrooks v. State
Supreme Court of Alabama
Appeal from Circuit Court of Randolph. Tried before Hon. J. McCaleb Wiley. The appellants, William Alsabrooks and Rebecca Bowen, were indicted and convicted for living together in adultery or fornication, on an indictment found at the Spring term, 1873, of the circuit court of Randolph.
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Appeal from Circuit Court of Randolph. Tried before Hon. J. McCaleb Wiley. The appellants, William Alsabrooks and Rebecca Bowen, were indicted and convicted for living together in adultery or fornication, on an indictment found at the Spring term, 1873, of the circuit court of Randolph. On the trial, the State introduced several witnesses who testified to acts of familiarity, circumstances, and conduct, on the part of the defendants, tending to show that within twelve months before the finding of the indictment appellants were living together in a state of adultery or fornication. Some of the…
1Opinion of the CourtJudge, J.
The offence for which the defendants were indicted “ consists of a repetition of acts, or includes a continuation of acts rarely susceptible of direct proof.”
*26On the trial below many acts of the defendants were proved, tending to show illicit intercourse between them, during the period covered by the indictment. The defendants separately moved to exclude all this testimony, because it was “ weak and inconclusive; ” which motion was overruled. In this the court committed no error ; for wherever evidence is pertinent and tends to prove the issue, it is competent. Its sufficiency is a question…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1852
3Cited by26 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Sykes v. StateTennessee Supreme Court · 1903
- Coleman v. ColemanSupreme Court of Alabama · 1916
- Leonard v. StateSupreme Court of Alabama · 1896
- Rudicell v. RudicellSupreme Court of Alabama · 1955
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