James v. State

STAKELY, Justice.

Appellant was tried and convicted under an indictment charging carnal knowledge or abuse in the attempt to have carnal knowledge of a girl under the age of twelve years. Code of *1940, Tit. 14, § 398. His punishment was fixed at death. This appeal comes to this court under the automatic appeal act approved June 24, 1943, General Acts, Regular Session 1943, page 217 et seq., Code 1940, Tit. 15, § 382(1) et seq.

A number of reasons are advanced by counsel as grounds for reversal. For convenience we shall consider them in the order of presentation.(1) The court overruled a motion for…