Stapler v. State

Alabama Court of Appeals

Stapler v. State

112 So. 461, 22 Ala. App. 83, 1927 Ala. App. LEXIS 52

CourtAlabama Court of Appeals

DecidedApril 19, 1927

Docket8 Div. 478.

StatusPublished

Cited by1 cases

This text of 112 So. 461 (Stapler 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

Stapler v. State, 112 So. 461, 22 Ala. App. 83, 1927 Ala. App. LEXIS 52 (Ala. Ct. App. 1927).

Pincite

Opinion

SAMFORD, J.

The solicitor asked the prosecutrix if she told defendant about being pregnant. There was objection and exception to this question. The question was not answered responsively, and no motion was made to exclude the answer that was *84 made. Presumably tbe defendant was satisfied with the answer.

It was competent to prove by prosecutrix that defendant carried her away about the time the child was bom, as tending to prove an- admission by the defendant that he was responsible for her condition.

The proof of the age of the prosecuting witness was relevant as part of the res gestae.

For impeachment purposes it was relevant to prove that defendant had been convicted of a felony, but the question calling for this evidence was not answered, and hence in any event there was no injury.

There is no error in' the record, and the judgment is affirmed.

Affirmed.

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