Murphy v. State

The appellant was tried upon an information and sentenced to the State’s prison for two years. The particular crime with which he was charged was that of rape upon Elsie Levitt, a female child of the age of six years. The crime for which he was convicted was that of an assault and battery with intent to commit a rape upon the said child. There was a motion to quash the indictment.

The objection made to the information was, that it did not allege that the child was ravished forcibly and' against her will.

These allegations are not necessary when the female is under the age of twelve years. In…