Maske v. State
| Decision Date | 09 January 1923 |
| Docket Number | 6 Div. 26. |
| Parties | MASKE v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge.
Coyle Maske was convicted of seduction, and he appeals. Reversed and remanded.
Ellis & Matthews, of Birmingham, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The defendant was indicted for and convicted of the offense of seduction; the alleged injured party being one Edna Jones. Under her testimony the offense was committed in the month of April, 1920; she having testified that "he first had sexual intercourse with me in April, 1920." This witness was permitted to testify, over the objection and exception of defendant, to acts between her and defendant committed subsequent to the time of the alleged seduction. And over the objection of defendant she was also permitted to testify that on the 31st day of July, 1921 (which was about 15 months after the alleged seduction) she gave birth to a child and that the defendant was its father. Under like conditions the child was exhibited to the jury and counsel for the state was permitted to comment in argument relative to the child and its likeness, etc., to defendant. In each of these rulings the court committed error prejudicial to the substantial rights of the defendant. And as this case is in a marked degree similar to the following cases, and the rulings here complained of are practically upon all fours with the rulings of the court condemned in the following cases, a further discussion of these questions is not deemed necessary: Davis v. State (Ala. App.) 93 So. 269; Herbert v. State, 201 Ala. 480, 78 So. 386; Pope v. State, 137 Ala. 56, 34 So. 840; Dill v. State (Ala. App.) 89 So. 866.
These several erroneous rulings necessitate a reversal of the judgment of conviction appealed from. This being true, there appears no necessity to discuss other questions presented upon this appeal.
Reversed and remanded.
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Shadix v. Brown
... ... woman, though formerly unchaste, is chaste at the time of her ... seduction (Suther v. State, 118 Ala. 88, 24 So. 43; ... Weaver v. State, 142 Ala. 33, 39 So. 341). Hence ... both counts of the complaint are sufficient and not subject ... In ... support of the first proposition, counsel rely upon Davis ... v. State, 18 Ala.App. 482, 93 So. 269, Maske v ... State, 19 Ala.App. 75, 95 So. 204, Martin v ... State, 19 Ala.App. 251, 96 So. 734, and McMahan v ... State, 21 Ala.App. 552, 109 So ... ...
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Mitchell v. State
...court's rulings in this connection constituted reversible error. In support of this insistence, we are cited several cases. Maske v. State (Ala. App.) 95 So. 204; v. State, 201 Ala. 480, 78 So. 386; Davis v. State, 18 Ala. App. 482, 93 So. 269; Pope v. State, 137 Ala. 56, 34 So. 840. All th......
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Martin v. State
... ... 620; ... Chambers v. State, 17 Ala. App. 178, 84 So. 638; ... McMickens v. State, 18 Ala. App. 39, 88 So. 342 ... Evidence that subsequent to the alleged seduction prosecutrix ... gave birth to a child was inadmissible. Davis v ... State, 18 Ala. App. 482, 93 So. 269; Maske v. State ... (Ala. App.) 95 So. 204 ... It is ... contended by counsel for appellant that the decree of the ... circuit court in equity, purporting to annul ... prosecutrix's marriage with Norrell, was null and void ... The decree was rendered subsequent to the alleged seduction ... ...
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Shaddix v. State
... ... numerous to permit this conviction to stand. For the error in ... overruling defendant's motion for a new trial the ... judgment of conviction, from which this appeal was taken, is ... reversed and the cause remanded. Vowell v. State, 20 ... Ala. App. 322, 101 So. 780; Maske v. State, 19 Ala ... App. 75, 95 So. 204; 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. 840; ... Dill v. State, 18 Ala. App. 187, 89 So. 866; ... Carney v. State, 79 Ala. 14 ... Reversed ... and ... ...