Morris v. State

RICE, Judge.

Code 1940, Title 14, § 399, reads, pertinently, as follows: “Any person who has carnal knowledge of any girl over twelve and under sixteen years of age * * * shall, on conviction, be punished at the discretion of the jury, by imprisonment in the penitentiary for not less than two nor more than ten years. This section, however, shall not apply to boys under sixteen years of age.”

It was charged in the indictment under which he was tried, convicted, and sentenced to serve imprisonment in the penitentiary for a term of two years, that appellant “did carnally know * * * Ina Pearl…