Dunn v. State

— The appellant was indicted for rape alleged to have b.een committed in Floyd county, on the 1st day of August, 1878, upon the person of one Adaline Wolfe, who was described in the indictment as “ a woman child.”

A motion to quash the indictment was overruled. He entered a plea of not guilty, and was tried by a jury. The jury returned a verdict of not guilty, and upon this verdict a judgment of acquittal was rendered by the court.

Afterward; on the 3d day of December, 1878, the ap*48pellant was again indicted for rape, alleged to have been committed- on the 1st day of August, 1878, in Eloyd…