State v. Anderson

1. Proof of immaterial allegation. I. The indictment charged that the defendant committed the crime with force and arms in and upon a female child twelve years of age. An objection raised by counsel for defendant in various ways is that, where it is alleged in the indictment that the act was committed with force and arms, it must be so proven, although the female is alleged and shown to have been under the age of consent, so that no allegation as to force and arms or want of consent is necessary. In support of this contention counsel has cited many decisions of this and other courts…