Scott v. State

Decided June 15, 1872

Supreme Court of Alabama · decided 1872-06-15

Tried before Hon. P. O. Harper. The appellant, Ctesar Scott, was indicted for an assault with intent to ravish Sukey Sams. On the trial, she testified that “in September, 1871, she was attacked by the defendant, who attempted to ravish her, but he failed and did not accomplish his purpose.” The defendant objected to this “answer,” but his objection was overruled, and he excepted.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-06-15

How this case has been cited

Cited by 15 later decisions — most recently June 1980

15 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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B. E. SAEFOLD, J.

¶1Whether or no “ the prosecutrix was attacked by the defendant, who attempted to ravish her, but failed and did not'accomplish his purpose,” was a compound question of law and fact determinable by both the court and the jury. The answer was as if, in a trial for murder, a witness should be allowed to say that the defendant murdered the deceased. The facts of the conduct of the accused only should have been stated.

¶2Proof of complaint made by the prosecutrix, yes or no, is all that is admissible in the direct examination. The particulars may be inquired into by the defense, or in corroboration of the testimony by the prosecutrix, if she is assailed in the matter of her complaint. Of course it is competent to prove whatever circumstances and signs of injury she showed. — 1 Euss. on Crimes, p. 688, and note c.

¶3The judgment is reversed, and the cause remanded.