McLIN v. STATE

4 Div. 39.

241 So.2d 341 (1970)

Benjamin F. McLIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 17, 1970.


Attorney(s) appearing for the Case

Farmer & Herring, Dothan, for appellant.

MacDonald Gallion, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


CATES, Judge.

Daytime burglary with intent to ravish; sentence four years. Code 1940, T. 14, § 86.

The defendant sought to show consent.

I

Without any prior testimony concerning it, the defendant's witness, his wife, was asked on her cross examination as to a statement she had made later in the day of his entry into the prosecutrix's house. The record shows:

"Q Did you make a statement at that time to [prosecutrix] in the presence...

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