From Casetext: Smarter Legal Research

Herbert v. State

Supreme Court of Alabama
Mar 23, 1918
78 So. 386 (Ala. 1918)

Opinion

8 Div. 78.

March 23, 1918.

Callahan Harris, of Decatur, for appellant. F. Loyd Tate, Atty. Gen., and Emmett S. Thigpen, Asst. Atty. Gen., for the State.


This court is of the opinion that the question raised by petitioner's (appellant's) objection to evidence of acts between him and the prosecutrix done after the alleged seduction cannot be distinguished on any substantial grounds from the like question raised in Pope v. State, 137 Ala. 56, 34 So. 840, and in the cases cited on the brief for appellant to which the court in that case referred. The settled law of this state is that such subsequent acts cannot, in the face of apt objection, be proved against the defendant in a seduction case. The judgment of the Court of Appeals holding to the contrary in effect is reversed, and the cause is remanded to that court for further proceedings in conformity herewith. All the Justices concur.


Summaries of

Herbert v. State

Supreme Court of Alabama
Mar 23, 1918
78 So. 386 (Ala. 1918)
Case details for

Herbert v. State

Case Details

Full title:HERBERT v. STATE

Court:Supreme Court of Alabama

Date published: Mar 23, 1918

Citations

78 So. 386 (Ala. 1918)
201 Ala. 480

Citing Cases

Whatley v. State

Suther v. State, 118 Ala. 88, 24 So. 43; Holland v. State, 11 Ala. App. 134, 66 So. 126; Smith v. State, 13…

Thompson v. State

lue, 172 Ala. 256, 54 So. 677; Fincher v. State, 58 Ala. 215. It was error to allow questions to witness…