Dyer v. State

• On Motion for Rehearing.

LATT1MORE,- J.

It is insisted that the proof and • allegation are at fatal variance, because the indictment alleges that the accused “did then and there ravish and have carnal knowledge of” the injured' female, she being under the age of 18 years, and that the proof supports the contention thatt the carnal knowledge was had by her consent, appellant’s position being that the use of the word “ravish” in the indictment makes it necessary to prove force.

The indictment follows form 497, Willson’s Criminal Forms (4th Ed.), and has been held good in many cases by this…