Fortner v. State
Alabama Court of Appeals
Adultery. Appeal from Cleburne Circuit Court. Heard before Hon. Hugh D. Merrill. Tom Fortner, alias, etc., was convicted of living in adultery, and be appeals. Tbe court erred in refusing charge 1. — Bodiford v. The State, 86 Ala. 67. Also in refusing charge 2. — Letcher v. The State, 159 Ála. 59. Also in refusing charges 3 and 6. — McDonald v. The State, 165 Ala. 85, and authorities, supra.
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Adultery. Appeal from Cleburne Circuit Court. Heard before Hon. Hugh D. Merrill. Tom Fortner, alias, etc., was convicted of living in adultery, and be appeals. Tbe court erred in refusing charge 1. — Bodiford v. The State, 86 Ala. 67. Also in refusing charge 2. — Letcher v. The State, 159 Ála. 59. Also in refusing charges 3 and 6. — McDonald v. The State, 165 Ala. 85, and authorities, supra. The court was not in error in its ruling on the admission of evidence. — Gameron v. The St-ae, 14 Ala. 546; Buchamnon v. The State, 55 Ala. 154. The charges were well refused.
1Opinion of the CourtBrown, J.
Inculpatory confessions, voluntarily made, are admissible as evidence tending to show guilt: *181and while such confessions are prima facie involuntary, and therefore inadmissible, it is the duty of the trial court, in all cases, before permitting such confessions to be shown, to ascertain that they are voluntary, and on appeal, unless the record affirmatively shows that this duty was not performed by the court, the presumption will be indulged that a proper predicate was laid for the admission of the evidence.—Whatley v. State, 144 Ala. 75, 39 South. 1014; Price v. State, 117 Ala. 113, 23 South.…
2Cases cited7 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Whatley v. StateSupreme Court of Alabama · 1906
- Gilmore v. StateSupreme Court of Alabama · 1899
- Price v. StateSupreme Court of Alabama · 1897
- Williams v. StateSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cook v. StateAlabama Court of Appeals · 1918
- Whitehead v. StateAlabama Court of Appeals · 1918
- Rogers v. McLeskeySupreme Court of Alabama · 1932
- Griffin v. StateSupreme Court of Alabama · 1969
- Bray v. StateAlabama Court of Appeals · 1918
10 more not listed; retrieve them via the Exa API.