Castleberry v. State

• Decision Date: 22 January 1903
• Citation: 135 Ala. 24,33 So. 431
• Parties: CASTLEBERRY v. STATE.
• Court: Alabama Supreme Court

33 So. 431

135 Ala. 24

CASTLEBERRY v. STATE.

Supreme Court of Alabama

January 22, 1903

Appeal from circuit court, Conecuh county; J. C. Richardson, Judge.

Ed Castleberry was convicted of the carnal knowledge of, or abuse in the attempt to carnally know, a negro girl under the age of 10 years, and he appeals. Affirmed.

Upon the introduction of Doolie Bradley, the negro girl whom the defendant is charged with having carnally known or abused in the attempt to carnally know, she was examined upon her voir dire. In this examination she testified that she was eight years old. In answer to the question who made her, she answered, "God;" and upon being asked what would become of her if she told a lie, she answered, "I would go to hell." The witness further testified that she went to church and Sunday school. The defendant objected to the examination of said witness upon the ground of her incompetency by reason of her tender years. The court overruled the objection, and defendant duly excepted.

The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: "(1) The court charges the jury that before they can find the defendant guilty as charged they must believe that the defendant injured the sexual organs of Doolie Bradley, and the mere hurting of the sexual parts is not sufficient. (2) The court charges the jury that if they believe from the evidence that the defendant did not have carnal knowledge of Doolie Bradley and did not injure the sexual organs of the said Doolie Bradley by bruising, cutting, lacerating or tearing the same, they should acquit the defendant. (3) The court charges the jury that there is no evidence that the defendant had carnal knowledge of Doolie Bradley and they should be satisfied beyond a reasonable doubt that injury was inflicted upon the sexual organs of Doolie Bradley by the defendant in attempting to have carnal knowledge of her, by bruising, cutting, lacerating or tearing her sexual organs and unless they are satisfied of this beyond a reasonable doubt, they should acquit the defendant. (4) The court charges the jury that if they believe the evidence they must find the defendant not guilty. (5) The court charges the jury that if the evidence fails to show that the defendant injured Doolie Bradley in the attempt to have carnal knowledge of her, by bruising, cutting, lacerating or tearing in or on her private parts, the defendant cannot be convicted of the offense charged in the indictment. (6) The court charges the jury that if the evidence fails to show that the defendant injured Doolie Bradley in the attempt to have carnal knowledge of her, by bruising, cutting, lacerating or tearing in or on some of her person, the defendant cannot be convicted of the offense charged in the indictment. (7) The court charges the jury that if from the evidence they find that the defendant did not have carnal knowledge of Doolie Bradley and did not injure the private parts of Doolie Bradley in the attempt to have carnal knowledge of her by cutting, bruising, lacerating or tearing her private parts they should acquit the defendant. (8) The court charges the jury that under the evidence they should find the defendant not guilty. (9) The court charges the jury that if the evidence fails to show that the defendant injured Doolie Bradley in the attempt to have carnal knowledge of her, by bruising, cutting, lacerating, or tearing her sexual organs the defendant cannot be convicted of the offense charged in the indictment. (10) The court charges the jury that the phrase 'abuse in the attempt to carnally know Doolie Bradley,' as used in the indictment in this case, means nothing more nor less than injury to the private parts of Doolie Bradley by bruising, cutting, lacerating or tearing the same, and if there is not sufficient evidence to convince the jury beyond a reasonable...