# Metcalf v. State

> Alabama Court of Appeals · February 26, 1918 · 16 Ala. App. 389

URL: https://www.frixlaw.com/law-library/cases/3235460

## Case

- **Full name:** Metcalf v. State.
- **Court:** Alabama Court of Appeals
- **Decided:** February 26, 1918
- **Citations:** 16 Ala. App. 389; 78 So. 305; 1918 Ala. App. LEXIS 64
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3235460

## Opinion text

BROWN, P. J.
[1, 2]
The appellant was convicted of the offense denounced by section 7421 of the Code of 1907. On the trial, she testified as a witness in her own behalf, and was in the presence of the court and jury, and this was sufficient to authorize the finding that she was of the negro race. However, there was no evidence that Simmons was a white man, nor was there any evidence showing or tending to show that the appellant and Simmons had lived together in the state of adultery or fornication
.
The court, on the evidence, erred in not directing a verdict for the defendant, on her request for the affirmative charge. Eman
*390
uel Dean v. State, ante, p. 367, 77 South. 979 . Eor this error, the judgment is reversed, and the cause remanded.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3235460. Public record. Not legal advice.