Brown v. State

CARR, Judge.

This appeal is based on a conviction under Title 14, Sec. 106, Code 1940.

Appellant was convicted of an attempt to commit the crime denounced by the section, supra. This is permissible. Title 14, Sec. 42, Code 1940; Woods v. State, 10 Ala.App. 96, 64 So. 508; Tarrant v. State, 12 Ala.App. 172, 67 So. 626.

The indictment charges that defendant against the order of nature carnally'knew a person, Esther Griffin. The section of the Code upon which the prosecution is hypothecated is broad enough to include this averment. Woods v. State, supra.

The affirmative charge was not tendered in…