Livingstone v. State

DeCARLO, Judge.

Carnal knowledge; 30 years.

Appellant was tried under an indictment which charged he did carnally know, or abuse in the attempt to carnally know, a girl under the age of twelve years.

In support of this charge the State presented the following evidence:

At the time of the alleged incident on August 7, 1974, the prosecutrix was seven years old. She lived with her mother, step-father, three brothers and a sister at 5361 First Avenue North, Birmingham, Alabama.

*746About 7:30 on the night in question, the prosecutrix’s mother had gone to church, leaving the girl with her step-father, the…