From Casetext: Smarter Legal Research

Youngblood v. State

Court of Appeals of Alabama
Feb 18, 1941
200 So. 577 (Ala. Crim. App. 1941)

Opinion

4 Div. 635.

February 18, 1941.

Appeal from Circuit Court, Coffee County; W.L. Parks, Judge.

Aaron Youngblood was convicted of having carnal knowledge of a girl under twelve years of age, and he appeals.

Reversed and remanded.

Fleming Paul, of Elba, for appellant.

Thos. S. Lawson, Atty. Gen., and L.L. Mooneyham, Asst. Atty. Gen., for the State.


Appellant, sixty-three years of age, and badly ruptured, was convicted of the offense of having carnal knowledge of his stepdaughter, not yet twelve years of age at the time of the intercourse. Code 1928, § 5410.

The evidence, while not in some respects entirely satisfactory to the judicial mind, made a case that could be decided only by the jury.

But the State was allowed to ask Dr. W.C. Braswell, a physician of high repute residing in the community, and who attended the girl in question at the time she gave birth to a baby, if the girl did not state to him that the appellant was the father of her child. Over appellant's objection, with due exception reserved, Dr. Braswell was allowed to answer the question. And he said she did so state.

We think the ruling of the court, indicated above, was error, and, obviously, we believe, highly prejudicial to appellant. The testimony thus admitted seems to us to fall squarely within the rule which excludes hearsay testimony.

For this error the judgment will be reversed and the cause remanded.

No other questions seem worthy of discussion.

Reversed and remanded.


Summaries of

Youngblood v. State

Court of Appeals of Alabama
Feb 18, 1941
200 So. 577 (Ala. Crim. App. 1941)
Case details for

Youngblood v. State

Case Details

Full title:YOUNGBLOOD v. STATE

Court:Court of Appeals of Alabama

Date published: Feb 18, 1941

Citations

200 So. 577 (Ala. Crim. App. 1941)
30 Ala. App. 57

Citing Cases

Warren v. State

The court overruled the motion to exclude and counsel duly excepted. Had appropriate steps been taken at the…