Boykin v. State
Supreme Court of Alabama
Rape. Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Sam Boykin was convicted of rape, and sentenced to the penitentiary for a period of ten years. From this judgment he appeals. The facts upon which the opinion is rested sufficiently appear therein. — The hill of exceptions sets out all the evidence, and there is no proper proof of venue.
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Rape. Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Sam Boykin was convicted of rape, and sentenced to the penitentiary for a period of ten years. From this judgment he appeals. The facts upon which the opinion is rested sufficiently appear therein. — The hill of exceptions sets out all the evidence, and there is no proper proof of venue. The general charge should have been given for the defendant. — ; Barnes v. The State, 134 Ala. 41; Harvey v.'State, 125 Ala. 47; Cawthorn v. State, 63 Ala. 157. Counsel discuss other assignments of error not touched upon in the…
1Opinion of the CourtSimpson, J.
— In this case the defendant was convicted of the crime of rape ,and sentenced to imprisonment in the pentitentiary for 10 years. . .
There is an entire absence of proof as to- the venue. While the prosecutrix speaks of going from St. Stephens to the home of the defendant, neither she nor any other witness gives any intimation as to either the direction or the distance from said St. Stephens of the defendant’s house. While the court judicially knows that St. Stephens is in Washington county, yet it also knows that it is only a -feAv miles from the county line. Consequently the general charge,…
2Cases cited2 opinions
- Brown v. StateSupreme Court of Alabama · 1893
- Harvey v. StateSupreme Court of Alabama · 1899
3Cited by3 opinions
- People v. WarnerMichigan Supreme Court · 1918
- People v. AyersMichigan Supreme Court · 1914
- Holder v. StateAlabama Court of Appeals · 1923