Elder v. State
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before Hon. A. A; Evans. Dan Elder was indicted for incest. The indictment charged that the defendant had sexual intercourse with Paralee Elder, who was related to him in such degree of consanguinity or relationship as made the intercourse incestuous.
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Appeal from Bullock Circuit Court. Tried before Hon. A. A; Evans. Dan Elder was indicted for incest. The indictment charged that the defendant had sexual intercourse with Paralee Elder, who was related to him in such degree of consanguinity or relationship as made the intercourse incestuous. There was evidence tending to prove that the defendant was the legitimate son of Jim Elder, and that Paralee was the legitimate daughter of Rachel Elder, and that Rachel was the illegitimate daughter of Liddie Jones. The evidence was in conflict as to who was the father of Rachel; but the state proved…
1Opinion of the CourtTyson, J.
— There is no recital in the record that it contains all the evidence introduced upon the trial of the case. We will, therefore, presume that every fact was proven necessary to support the correctness of the rulings of the court. — Hurd v. State, 116 Ala. 440; Town of Brewton v. Glass, 116 Ala. 629. This presumption indulged, we must hold that the statement made by the defendant to the officers who arrested him that “Paralee Elder was his niece”-was admitted in evidence after proof that it was voluntarily made. — Price v. State, 117 Ala. 113.
Jim Elder being dead and it being shown that Rachel…
2Cases cited3 opinions
- Price v. StateSupreme Court of Alabama · 1897
- Town of Brewton v. GlassSupreme Court of Alabama · 1897
- Hurd v. StateSupreme Court of Alabama · 1897
3Cited by3 opinions
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Bradley v. StateAlabama Court of Appeals · 1926
- Chambers v. MorrisSupreme Court of Alabama · 1909