Jowers v. State

Plaintiff in error wag. indicted on a charge of rape. The indictment alleges that he did “unlawfully ravish and carnally know and abuse a female child under the age of ten years.” The charge is predicated upon Section 5051, Revised General Statutes of Florida, 1920, Upon a trial a verdict was returned finding him guilty of an assault with intent to commit rape. Motions in arrest of judgment and for a new trial were denied and sentence was imposed. To review the judgment .imposing sentence this writ of error was taken.

Two questions are presented. The first raises the ques: *804tion of the…