Dawkins v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. The appellant was indicted for having carnal knowledge of “or abuse in the attempt to carnally know Cora Blackshear, a female under the age of ten years.” The defendant was a negro boy about twenty-one years of age, and Cora, a little white girl, aged about seven years. There was no evidence that defendant did have carnal knowledge of said Cora.
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Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. The appellant was indicted for having carnal knowledge of “or abuse in the attempt to carnally know Cora Blackshear, a female under the age of ten years.” The defendant was a negro boy about twenty-one years of age, and Cora, a little white girl, aged about seven years. There was no evidence that defendant did have carnal knowledge of said Cora. The court, among other things, charged the jury that “the word ‘ abuse ’ was not synonymous with the word ‘injure,’ but meant to ‘forcibly use wrongfully’ ’’ to which the…
1Opinion of the CourtBb.ickell, C. J.
The indictment, in the form prescribed, charges that the defendant “ did carnally know, or abuse in the attempt to carnally know,” afemale child under the age of ten years. It is founded on the statute (Code of 1876, § 4306), which reads as follows : “Any person who has carnal knowledge of any female under the age of ten years, 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, or by hard labor for the county for life.” The Circuit Court was of…
2Cited by28 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- Lee v. StateSupreme Court of Alabama · 1944
- Taylor v. StateSupreme Court of Alabama · 1947
- McQuirk v. StateSupreme Court of Alabama · 1887
- State v. BabyCourt of Appeals of Maryland · 2008
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