87 Ala. 107 | Ala. | 1888
3. The third charge requested by defendant should have been given. It asserts a correct legal proposition, and there was evidence tending to show conduct, from which a belief that the woman had consented might have resulted, though there had been no expression of consent, and though there may, in fact, have been no consent at all. — McQuirk v. State, 84 Ala. 435.
The judgment of the Circuit Court is reversed, and the cause remanded.