State v. Butler

The opinion of the court was delivered by

Tbenchabd, J.

The defendant below was indicted for carnal abuse, the indictment, framed under section 115 of the Crimes-act (Comp. Stal., p. 1783)', charging that he did assault and unlawfully and carnally abuse a woman child “under the age of twelve years.” On trial in the Morris Quarter Sessions 1m was convicted of carnal abuse on a woman child “over twelve years and under sixteen years of age,” and on writ of error the judgment entered upon such conviction was affirmed by the Supreme Court.

One question raised in the Supreme Court was whether, on such…