Dudley v. State
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe facts are stated in tbe opinion. submitted tbe following authorities to show that a mere assault and battery will not authorize tbe submission to a jury of', .the question, of intent in tbe case of an assault to rápe. — T'óulet v. The State, 100 Ala. 72; Charles v. Thé State, 6 English, 389; Sanford v. The State, 12 Tex. Ct.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe facts are stated in tbe opinion. submitted tbe following authorities to show that a mere assault and battery will not authorize tbe submission to a jury of', .the question, of intent in tbe case of an assault to rápe. — T'óulet v. The State, 100 Ala. 72; Charles v. Thé State, 6 English, 389; Sanford v. The State, 12 Tex. Ct. Appeals, 196; Jones v. The State, 90 Ala. 628. (2)., On the question of tbe electric light. — 1 Brick., 873; 3 Brick., 435. (3). On tbe matter of recalling defendant to witness stand. Con. Art.…
1Opinion of the CourtHaralson, J.
— 4. Tbe prosecutrix testified that there was an electric light on tbe corner, which shone in the -window of the house, and that .there was no .curtain to tbe window. It -was in tbe night time, about mid; night, as tbe evidence tends to show, when defendant raised tbe window and entered prosecutrix’s room. Tbe object of this evidence was to show that defendant could see tbe prosecutrix through the window, as she slept on a pallet inside the room, and as fending to show bis' purpose in entering. It was also an important fact as ‘ furnishing opportunity to tbe prosecutrix and another witness…
2Cases cited5 opinions
- Thompson v. StateSupreme Court of Alabama · 1893
- Jones v. StateSupreme Court of Alabama · 1891
- Lucas v. StateSupreme Court of Alabama · 1892
- Thomas v. StateSupreme Court of Alabama · 1893
- Sims v. StateSupreme Court of Alabama · 1892
3Cited by10 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- Hammond v. StateSupreme Court of Alabama · 1906
- Autry v. StateAlabama Court of Appeals · 1949
- Smith v. StateSupreme Court of Alabama · 1900
- Brooks v. StateAlabama Court of Appeals · 1913
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