Brassell v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | STONE, C.J. |
| Citation | 91 Ala. 45,8 So. 679 |
| Parties | BRASSELL v. STATE. |
| Decision Date | 06 January 1891 |
8 So. 679
91 Ala. 45
BRASSELL
v.
STATE.
Supreme Court of Alabama
January 6, 1891
Appeal from circuit court, Autauga county; JAMES R. DOWDELL, Judge.
Appellant was indicted and convicted of rape, and sentenced to the penitentiary for life. The evidence tended to show that on one Thursday night defendant came in the room where the girl who was raped, Georgia Buckner, was sleeping, and in which her grandfather and grandmother were also sleeping; that he got on her bed, and she screamed to her grandmother, and told her that her Uncle Dick (defendant,) was on her bed, and asked her grandmother to make him get off; that she screamed again, and her grandmother came to the bed, and the defendant shot off his pistol, and the grandmother was frightened, and ran out of the room; that the defendant went out and made her father and mother both go back to bed, saying that "he was going to have his way that night or die;" that he then got back in the bed with the said Georgia Buckner, with his pistol in his hand, and, putting his pistol under the pillow, told her she had to "yield to him," and, if she screamed any more, he would kill her and kill her father; that she was then forced to yield to him. Georgia Buckner, being asked what the defendant did when he got on the bed, hesitated to answer, and she was then asked if defendant got on her, and answered, "Yes." She was then asked if defendant got into her, and answered that he did. Defendant excepted to these questions and answers. It was further shown that the girl, Georgia Buckner, was only 15 years of age, and that at the time defendant was drinking. The testimony for defendant tended to show that the father of the girl raped was not on friendly terms with defendant, and that he had said he was going to put the defendant to as much trouble as possible; that he had made the girl go before the magistrate and swear out the warrant for the arrest of defendant, and had compelled her to swear to what was false; that the girl herself, Georgia Buckner, had said to several witnesses that she had been made to swear to a falsehood; that her uncle (defendant) had not raped her. But the father of the girl testified that he had not made such statements, and that he was not unfriendly with defendant. The girl testified in rebuttal that she had not made such statements as testified to by the witness for defendant. Defendant requested the court to give the following written charges: "(1) If the jury find from the...
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State v. Simes
...(People v. Bowers (Cal.), 18 P. 660; 50 Century Digest, "Witnesses," sec. 854, citing Huffman v. Cauble, 86 Ind. 591; Brassell v. State, 91 Ala. 45, 8 So. 679; State v. Bauerkemper, 95 Iowa 562, 64 N.W. 609; Ellis v. State, 25 Fla. 702, 6 So. 768; McLean v. City of Lewiston, 8 Idaho 472, 69......
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Myhand v. State, 4 Div. 711
...questions of the witness Shelby June Edmondson, the prosecutrix, who at the time of the trial was thirteen years of age. Brassell v. State, 91 Ala. 45, 8 So. 679; Puckett v. State, 213 Ala. 383, 105 So. 211; Stewart v. State, 26 Ala. App. 392, 161 So. 112; Ballew v. State, 23 Ala.App. 274, ......
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Pitman v. State
...is a matter within the discretion of the court to allow a leading question, and his action is not reviewable on appeal. Brassel v. State, 91 Ala. 45, 8 So. 679. The testimony about the firing of the pistol, seeing the defendant go up the steps to his room, about whether or not the defendant......
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Harbour v. State
...this court as being argumentative. Stone v. State, 105 Ala. 601, 17 So. 114; Fountain v. State, 98 Ala. 40, 13 So. 492; Brassell v. State, 91 Ala. 45, 8 So. 679; Waxelbaum & Son v. Bell, 91 Ala. 331, 8 So. 571. Besides all this, it is not the proper practice to meet the introduction of ille......
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State v. Simes
...(People v. Bowers (Cal.), 18 P. 660; 50 Century Digest, "Witnesses," sec. 854, citing Huffman v. Cauble, 86 Ind. 591; Brassell v. State, 91 Ala. 45, 8 So. 679; State v. Bauerkemper, 95 Iowa 562, 64 N.W. 609; Ellis v. State, 25 Fla. 702, 6 So. 768; McLean v. City of Lewiston, 8 Idaho 472, 69......
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Myhand v. State, 4 Div. 711
...questions of the witness Shelby June Edmondson, the prosecutrix, who at the time of the trial was thirteen years of age. Brassell v. State, 91 Ala. 45, 8 So. 679; Puckett v. State, 213 Ala. 383, 105 So. 211; Stewart v. State, 26 Ala. App. 392, 161 So. 112; Ballew v. State, 23 Ala.App. 274, ......
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Pitman v. State
...is a matter within the discretion of the court to allow a leading question, and his action is not reviewable on appeal. Brassel v. State, 91 Ala. 45, 8 So. 679. The testimony about the firing of the pistol, seeing the defendant go up the steps to his room, about whether or not the defendant......
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Hendley v. State, 4 Div. 676
...jury must be taken in the court below, and exception reserved, in order that the matter may be reviewable by this court. Brassell v. State, 91 Ala. 45, 8 So. 679. It is the duty of the court to see to it that the jury hear all the evidence in the [76 So. 906] case; and unless the record sho......