Harwell v. State

Decided April 6, 1920

Alabama Court of Appeals · decided 1920-04-06

Briekell, Judge.. The defendant Herman Harwell was indicted and tried jointly with Erie Posey on a charge of adultery or fornication. The defendant Harwell alone was convicted, and from the judgment, he appeals.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-04-06

How this case has been cited

Cited by 10 later decisions (1 by the Supreme Court) — most recently March 1975

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAMFORD, J.

¶1 [1] The case was tried by the court without the intervention of a jury. There was ample evidence to warrant the finding as determined by the court. Where this is the case, the judgment will not be disturbed. Maisel v. State, ante, p. 12, 81 South. 348.

¶2 [2] The questions presented by exceptions to the evidence are elementary. Evidence having been introduced tending to prove that the crime of adultery had been committed, and it being shown that admissions of the defendant were voluntary, such admissions were properly admitted.

¶3 [3] The .court did not err in refusing'to allow the witness Ruby Harwell to testify that she did not see any improper conduct between defendant and Erie Poses’-. This involved her opinion as to what constituted improper conduct.

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

¶5 Affirmed.