State v. . Baxley

The statute under which the defendant was indicted and convicted provides that “if any male person shall carnally know or abuse any female child, over 12 and under 16 years of age, who has never had sexual intercourse with any person, he shall be guilty of a felony.” The elements of the offense were outlined in S. v. Swindell, 189 N. C., 151, 126 S. E., 417.

In the case at bar the State’s evidence tended to show that the first act of sexual intercourse between the defendant, 21 years of age, and the State’s witness, Gladys Lee Powell, who was then 14 years of age, took place about September,…