McGuff v. State
Supreme Court of Alabama
From the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The indictment in this case was found at the July term, 1889, and charged that the defendant, John McG-uff, “did carnally know, or abuse in the attempt to carnally know, Cora Bishop, a girl under the age of ten years.”
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From the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The indictment in this case was found at the July term, 1889, and charged that the defendant, John McG-uff, “did carnally know, or abuse in the attempt to carnally know, Cora Bishop, a girl under the age of ten years.” On the trial, issue being joined on the plea of not guilty, the jury returned a verdict in these words: “We, the jury, find the defendant guilty as charged in the indictment, and fix the penalty at imprisonment for lifeand the court thereupon sentenced him to the penitentiary for life. The defendant moved…
1Opinion of the CourtSomerville, J.
1. The indictment is found under section 3739 of the Criminal Code, which provides that “any person, who has carnal knowledge of any female under ten years of age, or abuses such female in the attempt to have carnal knowledge of her, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life.” — Orim. Code, 1886, § 3739. The indictment charges, in proper form, that the defendant “did carnally know, or abuse in the attempt to carnally know Cora Bishop, a girl under the age of ten years.” It follows the form prescribed by…
2Cases cited20 opinions
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Gunter v. StateSupreme Court of Alabama · 1887
- Barnett v. StateSupreme Court of Alabama · 1887
- Long v. StateSupreme Court of Alabama · 1888
- Horton v. StateSupreme Court of Alabama · 1875
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3Cited by50 opinions
- Stone v. StateSupreme Court of Alabama · 1894
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