Lang v. State

CATES, Judge.

The facts in this case are adequately stated in the dissenting opinion of the Presiding Judge to whom this case was originally assigned. The court is unanimous as to the correctness of his disposition of the second point, and all that he has thereabout so ably discussed is expressly adopted.

Where we have parted ways is upon the construction of the trial judge’s first order in this trial on a capital charge, i. e., carnal knowledge of a girl under twelve. Code 1940, T. 14, § 398.

Lang was arraigned November 26, 1958. .His trial began December 3, 1958, and the transcript shows that…