Moore v. State

BRICKEN, Presiding Judge.

This court has given this case our careful attentive consideration, and we are not in accord with the lower court’s conception of the case, and his numerous rulings during its pendency.

We are of the opinion that this prosecution was improvidently begun. We think under the facts adduced upon the trial, the case comes within the purview of the case of Walker v. State, 132 Ala. 11, 31 So. 557. In that case the Supreme Court said: “If a man takes improper liberties with the person of a female, or indecently fondles her without her will and consent, he is guilty of an…