Williams v. State
| Decision Date | 07 February 1896 |
| Citation | 109 Ala. 64,19 So. 530 |
| Parties | WILLIAMS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Hale county; John Moore, Judge.
Howard Williams was convicted of rape, and appeals. Affirmed.
The appellant was indicted, tried, and convicted for rape and was sentenced to the penitentiary for life. In selecting the jury to try the case, J. T. Chapman, one of the special jurors drawn to try said case, being examined by the court as to his qualifications as a juror, stated, in answer to a question asked by the court, that he was a member of the grand jury which found and returned the indictment against the defendant. Immediately defendant's counsel said he would waive it, but the court permitted the solicitor for the state to challenge said juror for cause, to which ruling of the court the defendant duly excepted. C. A. Ramsey, another special juror, being examined, stated, in reply to a question asked by the court as to his qualifications, that he had resided in Hale county for many years but that he was neither a householder nor freeholder in said county, and had not been during the last preceding year. The solicitor for the state declining to waive said objection, the juror was set aside by the court, to which action and ruling of the court the defendant duly excepted. Annie Bowls, the girl alleged to have been abused by the defendant, was offered as a witness for the state. The defendant objected to her testifying until she had been examined by the court as to her competency. The court then asked her the following questions: "What is your name?" She replied: "My name is Annie Bowls." "How old are you, Annie?" She replied "I am now going on ten years old, but was going on seven when Howard hurt me." "Where do you live?" "I live now on the Peck place, but lived when this was done on the Lavender place, and was nursing for my auntie," she replied. "Have you ever been to Sunday school?" "I have never been but one Sunday," she said. "What will become of you when you die, if you swear to a lie?" She replied: "I will go to hell." "What will be done with you here if your swear to a lie?" She replied: "I will go to hell." The court then permitted said Annie Bowls to be examined, and to testify as a witness, to which ruling of the court the defendant duly excepted. The above are the only two questions presented on the present appeal.
H. W Lauender, for appellant.
W. C Fitts, Atty. Gen., for the State.
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