Gaut v. State

CARR, Presiding Judge.

The accused was indicted and convicted of carnal knowledge of a girl under twelve years of age. Title 14, Sec. 398, Code 1940.

The defendant did not request the general affirmative charge. Neither did he file a motion for a new trial. In this state of the record the sufficiency of the evidence to' sustain the verdict is not presented for our review. Holmes v. State, 35 Ala.App. 585, 50 So.2d 800; Chambers v. State, 31 Ala.App. 269, 15 So.2d 742.

The girl in question was examined by a physician a few hours after the time of the alleged carnal knowledge. The solicitor asked…