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SMITH v. STATE

5 Div. 546.

114 So.2d 295 (1959)

Robert Elmore SMITH v. STATE.

Court of Appeals of Alabama.

August 18, 1959.

Attorney(s) appearing for the Case

Wilbanks & Wilbanks, Alexander City, for appellant.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.

PRICE, Judge.

The indictment charged that defendant, against the order of nature, carnally knew Annie Ruth Spivey. Title 14, Sec. 106, Code 1940.

The state's evidence is fairly and substantially set out in the Attorney General's brief in this language.

"The prosecutrix in this case was at the time of the offense charged a resident of Alexander City, Alabama. Sometime in the year 1957 around 11:00 P.M. she was standing in her yard near her front porch...

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