Breedwell v. State

PRICE, Judge.

The indictment was in two counts, the first charging rape, and the second carnal knowledge, or abuse in the attempt to carnally know, a girl over twelve and under sixteen years of age. Conviction was under the second count.

Defendant’s motion to require the State to elect under which count it would prosecute was properly overruled. Both counts named Evelyn Virginia Edwards as the injured party, and it was manifest both from the indictment and the evidence that there was no 'effort to require defendant to answer more than one offense, but that the purpose and effect of the joinder…