Black v. State

The prosecution of this appellant, by indictment, was for an alleged violation of the offense denounced under section 5411 of the Code 1923, which makes it unlawful for any person to have carnal knowledge of a girl over the age of twelve and under sixteen years; or abuses such girl in the attempt to have carnal knowledge of her. The provisions of this section .of the Code do not apply to boys under sixteen years of age.

The first count of the indictment in this case contained the unnecessary averment that the accused was a boy over the age of sixteen years. This is defensive matter, and it was…