Carroll v. State

A jury found this appellant guilty of rape in the first degree as charged in an indictment that alleged that he, "a male, did engage in sexual intercourse with Melinda Sue Carroll, a female, who was less than twelve years of age, he, the said Johnny Carroll, being 16 years or older, in violation of Section 13A-6-61, of the Code of Alabama." Said section of the Code states in subsection (a)(3) that a male is guilty of rape in the first degree, if "He, being 16 years or older, engages in sexual intercourse with a female who is less than 12 years old." By reason of the then relatively recent…