Stewart v. State
Citation | 172 So. 675,27 Ala.App. 315 |
Decision Date | 15 December 1936 |
Docket Number | 4 Div. 277 |
Parties | STEWART v. STATE. |
Court | Alabama Court of Appeals |
Rehearing Denied Jan. 12, 1937
Appeal from Circuit Court, Barbour County; J.S. Williams, Judge.
Mack Stewart was convicted of rape, and he appeals.
Reversed and remanded.
Certiorari denied by Supreme Court in Stewart v. State, 172 So 678.
Winn & Winn, of Clayton, for appellant.
A.A Carmichael, Atty. Gen., and Francis M. Kohn, Asst. Atty. Gen., for the State.
The indictment in this case charged the appellant (defendant below) with the offense of rape. There was but one count in the indictment.
This is the second appeal in this case. 26 Ala.App. 392, 161 So. 112, 114. In the former opinion supra, this court properly held, "It was within the province of the court to permit the solicitor to ask leading questions of the witness Susie Emma Turner."
By the foregoing pronouncement, this court did not mean to imply, nor did this court have the authority to hold, that questions to a witness seeking an answer as to the legal effect of a transaction was permissible; for no witness be he expert or nonexpert is allowed to testify as to the legal effect of a transaction. State v. Cassill, 71 Mont. 274, 229 P. 716; Wheeler v. State, 42 Md. 563; State v. Gibson, 83 S.C. 34, 64 S.E. 607, 916; 22 Corpus Juris 637; Love v. Lee, 199 Ala. 676, 75 So. 24; O'Rear v. Richardson, 17 Ala.App. 87, 81 So. 865; Pilcher v. State, 16 Ala.App. 237, 77 So. 75.
In 22 C.J. 637, supra, it is said: "The existence of a particular legal status cannot be stated as the conclusion of the witness, nor can a witness be permitted to state the legal result of a transaction or series of transactions, or in any other way to apply a legal standard to the inferences from facts, mental or physical, unless the objection is waived."
Nor are witnesses allowed to testify to their opinions or conclusions on material matters. The general rule requires that a witness must state facts within their knowledge relevant to the issue, as it is the province of the jury solely to draw deductions and conclusions from the pertinent facts in evidence and to decide matters directly in issue. Prince v. State, 215 Ala. 276, 110 So. 407; Deloney v. State, 225 Ala. 65, 142 So. 432; Thornton v. State, 21 Ala.App. 323, 108 So. 80.
On the second trial of the instant case, in the court below, from the judgment of conviction in which this appeal was taken, we find numerous instances where the foregoing rule was impinged and flagrantly violated.
The record shows that the alleged injured party, Susie Emma Turner, when testifying, was allowed, over the strenuous and insistent objections and exceptions, to testify in response to direct questions of the solicitor that this appellant raped her. Some of the questions, on direct examination, were as follows:
And to the State's witness Emma Turner, mother of Susie Emma, the solicitor was likewise permitted, over objection and exception, to propound to her this question There were other questions and answers of like import during the examination of the witnesses by the State, and, as stated in each instance, objections were interposed, and overruled by the court, to which action in each instance the defendant duly reserved an exception.
Under the rule above stated, there was error in these rulings. The record shows that at the time of this trial the defendant, a negro boy, was eighteen years of age, and Susie Emma Turner the alleged injured party a negro girl, was fifteen years of age, making them respectively seventeen and fourteen years of age at the time of the alleged commission of the offense. The defendant did not deny having sexual intercourse with the girl at the time and place complained of, but strenuously denied that he used any force or threats, etc., in so doing. The girl herself testified, as shown by the record, that she saw the defendant that morning pass her house in a wagon with his father and Curl Stewart, his brother, going in a direction away from their home; that in the afternoon, when the sun was about one-half hour high, she was in the house and heard a wagon coming, that she went to the door and looked out, and there was no one in the wagon but Mack (defendant) and his brother Curl Stewart; that her mother had told her to go get the cow which was staked out some distance from her home near the road and in the direction the wagon was traveling; that she went out in the road and in the same direction the wagon was going to get the cow. That the defendant was with his brother in the front part of the wagon; ...
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Williams v. State
...Perry's "subjective The question to Senator Perry called for a conclusion and objection was therefore properly sustained. Stewart v. State, 27 Ala.App. 315, 172 So. 675, cert. denied, 233 Ala. 480, 172 So. 678 (1937). A witness may not testify to matters directly in issue. Harris v. State, ......
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Bell v. State
...(defendant killed son); Vinson v. State, 29 Ala.App. 234, 236, 194 So. 705 (1940) (defendant murdered victim); Stewart v. State, 27 Ala.App. 315, 317, 172 So. 675 (1937) (defendant raped victim); Taylor v. State, 20 Ala.App. 161, 163, 101 So. 160 (1924) (defendant assaulted However, a prope......
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Meadows v. State
...(defendant killed son); Vinson v. State, 29 Ala.App. 234, 236, 194 So. 705 (1940) (defendant murdered victim); Stewart v. State, 27 Ala.App. 315, 317, 172 So. 675 (1937) (defendant raped victim); Taylor v. State, 20 Ala.App. 161, 163, 101 So. 160 (1924) (defendant assaulted "However, a prop......
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Harris v. State
...failed to prove a prima facie case. Rape is unlawful carnal knowledge of a woman by a man forcibly and against her will. Stewart v. State, 27 Ala.App. 315, 172 So. 675, cert. denied 233 Ala. 480, 172 So. 678; Harris v. State, 2 Ala.App. 116, 56 So. 55. To adopt a statement from appellant's ......