Scott v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellant, Ctesar Scott, was indicted for an assault with intent to ravish Sukey Sams. On the trial, she testified that “in September, 1871, she was attacked by the defendant, who attempted to ravish her, but he failed and did not accomplish his purpose.” The defendant objected to this “answer,” but his objection was overruled, and he excepted.
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Appeal from the Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellant, Ctesar Scott, was indicted for an assault with intent to ravish Sukey Sams. On the trial, she testified that “in September, 1871, she was attacked by the defendant, who attempted to ravish her, but he failed and did not accomplish his purpose.” The defendant objected to this “answer,” but his objection was overruled, and he excepted. The State introduced a witness who testified, that “ Sukey, Sams complained to him, and that she had scratches on her neck.” The solicitor asked this witness “if, at the time…
1Opinion of the CourtB. E. Saefold, J.
Whether or no “ the prosecutrix was attacked by the defendant, who attempted to ravish her, but failed and did not'accomplish his purpose,” was a compound question of law and fact determinable by both the court and the jury. The answer was as if, in a trial for murder, a witness should be allowed to say that the defendant murdered the deceased. The facts of the conduct of the accused only should have been stated.
Proof of complaint made by the prosecutrix, yes or no, is all that is admissible in the direct examination. The particulars may be inquired into by the defense, or in corroboration of…
2Cited by17 opinions
- State v. HunterWashington Supreme Court · 1898
- Griffin v. StateSupreme Court of Alabama · 1884
- Malloy v. StateSupreme Court of Alabama · 1923
- Stevens v. PeopleIllinois Supreme Court · 1895
- Curry v. StateAlabama Court of Appeals · 1929
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