4 So. 2d 416 | Ala. | 1941
This is a civil action for seduction by an unmarried woman under the age of twenty-one years, as authorized by the Code of 1940, Title 7, section 116.
There was a verdict and judgment for defendant, and plaintiff prosecutes this appeal. We will only treat those assignments of error which are discussed in brief.
The question propounded to the witness was not that she point out certain features of the child, which was about two years old, and which it was claimed resembled certain features of defendant, and in connection with the question plaintiff's counsel did not state that he proposed to make such proof by the witness. The authorities are in conflict as to the admissibility of that sort of proof even where the child is old enough to possess distinctive features of resemblance and profert of her is made before the jury and the features of resemblance are pointed out. Wigmore supports the admissibility of the evidence. 1 Wigmore on Evidence, page 222, section 166. *31
It is discussed in Flores v. State,
The mere opinion of a witness with no effort to point out specific features of an alleged resemblance to defendant has been condemned in this State. Paulk v. State,
It is necessary in order to review a trial court's ruling sustaining objection to a question which does not on its face show what is the expected answer, that attention be called to the proposed answer and show that such answer would be relevant evidence, notwithstanding section 445, Title 7, Code of 1940. Flowers v. Graves,
In this assignment therefore there is no error to reverse.
There are some other assignments of error argued, if an argument may be so called by the brief reference to them, but they do not present questions of law or of fact which call for a discussion by us. There is no error in them of which appellant can complain, and which is reversible in effect.
Affirmed.
GARDNER, C. J., and THOMAS and BROWN, JJ., concur.