Herbert v. State
| Decision Date | 23 March 1918 |
| Docket Number | 8 Div. 78 |
| Citation | 201 Ala. 480,78 So. 386 |
| Parties | HERBERT v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Lawrence Herbert was convicted of seduction, and he appealed to the Court of Appeals, which affirmed the conviction (77 So. 83), from which he brings certiorari. Reversed and remanded.
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.
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Phillips v. Ashworth
...intercourse it was held being separate and distinct from and subsequent to the alleged seduction were not within the issue. Herbert v. State, 201 Ala. 480, 78 So. 386. In this record there is not shown in the evidence subsequent acts of intercourse, but the conduct of defendant and his conv......
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Mitchell v. State
...evidence of subsequent acts of sexual intercourse are not admissible. Davis v. State, 18 Ala.App. 482, 93 So. 269; Herbert v. State, 201 Ala. 480, 78 So. 386; Pope v. State, 137 Ala. 56, 34 So. In view of the court's strong and positive instructions to the jury in excluding the above eviden......
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Hubby v. United States
...201 P. 663; State v. Hilberg, 22 Utah 27, 61 P. 215; Elam v. State, 26 Ala. 48; Pope v. State, 137 Ala. 56, 34 So. 840; Herbert v. State, 201 Ala. 480, 78 So. 386; State v. Bates, 10 Conn. 372; 16 C.J. 863, Criminal Law, § 2177, and 23 C.J.S. 438, Criminal Law, § 1044 The case submitted to ......