Dill v. State

Alabama Court of Appeals

Dill v. State

89 So. 866, 18 Ala. App. 187, 1921 Ala. App. LEXIS 159

CourtAlabama Court of Appeals

DecidedJune 14, 1921

Docket6 Div. 764.

StatusPublished

Cited by3 cases

This text of 89 So. 866 (Dill v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dill v. State, 89 So. 866, 18 Ala. App. 187, 1921 Ala. App. LEXIS 159 (Ala. Ct. App. 1921).

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Opinion

*188 SAMFORD, J.

Aftfer proof of the act of intercourse which was claimed by the state to have been the basis for the charge, the state was permitted, over the timely objection, -and exception of defendant, to prove six other subsequent acts. However much this court might be inclined to the views expressed in Herbert v. State, 16 Ala. App. 213, 77 South. 83, that ease, on this point, has been overruled by the Supreme Court in Herbert v. State, 201 Ala. 480, 78 South. 386, and this court, by virtue of the statute is bound by it.

There are other questions presented by the record, but they will not probably arise upon another trial.

For the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

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*188 SAMFORD, J.

Aftfer proof of the act of intercourse which was claimed by the state to have been the basis for the charge, the state was permitted, over the timely objection, -and exception of defendant, to prove six other subsequent acts. However much this court might be inclined to the views expressed in Herbert v. State, 16 Ala. App. 213, 77 South. 83, that ease, on this point, has been overruled by the Supreme Court in Herbert v. State, 201 Ala. 480, 78 South. 386, and this court, by virtue of the statute is bound by it.

There are other questions presented by the record, but they will not probably arise upon another trial.

For the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

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89 So. 866, 18 Ala. App. 187, 1921 Ala. App. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dill-v-state-alactapp-1921.

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