Alstott v. State

The appellant was convicted of rape upon a female child under the age of twelve years. The only questions saved and presented by the appellant arise on the overruling of his motions in arrest of judgment and for a new trial. An indictment had been returned against the appellant, and on July 5, 1928, the indictment was dismissed, and the affidavit under which he was tried and convicted was filed. It must be presumed that the indictment was dismissed before the affidavit was filed. The affidavit was sworn to on July 3rd. The appellant contends that the statute authorizing prosecutions by…