Kirby v. State
Alabama Court of Appeals
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Arthur Kirby was convicted of crime, and he appeals. The following charges were refused to the defendant: “(1) The court charges the jury that, unless the defendant put the prosecutrix in fear of her life or of great bodily harm at his hands, the defendant would not be guilty of rape if the prosecutrix submitted and consented to the act of penetration.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Arthur Kirby was convicted of crime, and he appeals. The following charges were refused to the defendant: “(1) The court charges the jury that, unless the defendant put the prosecutrix in fear of her life or of great bodily harm at his hands, the defendant would not be guilty of rape if the prosecutrix submitted and consented to the act of penetration. “(2) The court charges the jury that in considering the evidence you may consider the absence of the efforts on the part of the prosecutrix to avoid the act, and unless there…
1Opinion of the Court
PELHAM, J. —
The appellant’s motion to quash the venire because the court failed to comply with the requirements of section 32 of the jury law (Acts 1909, p. 317) is not supported by the recitals of the judgment entry set out in the record; but, on the contrary, the judgment entry shows that the defendant and his counsel were present in open court on November 13th, when the order of the court was made fixing the number of jurors to constitute the venire for the trial of the case and setting the case for trial on November 15th.
The court’s order that the venire and a copy of the indictment…
2Cases cited11 opinions
- Lewis v. StateSupreme Court of Alabama · 1860
- Waller v. StateSupreme Court of Alabama · 1867
- Bradford v. StateSupreme Court of Alabama · 1893
- Herndon v. StateAlabama Court of Appeals · 1911
- Patterson v. StateSupreme Court of Alabama · 1911
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3Cited by5 opinions
- State v. RuskCourt of Appeals of Maryland · 1981
- Winegan v. StateCourt of Special Appeals of Maryland · 1970
- Brooks v. StateAlabama Court of Appeals · 1913
- Knott v. StateSupreme Court of Alabama · 1918
- State v. RuskCourt of Appeals of Maryland · 1981