Handy v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. ■ Tried before tbe Hon. N. D. Denson. Virge Handy was indicted as shown in the opinion. He moved to quash the venire because a list of jurors served on him as required by the statute was not signed by the sheriff. The defendant asked two charges.
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Appeal from the Circuit Court of Elmore. ■ Tried before tbe Hon. N. D. Denson. Virge Handy was indicted as shown in the opinion. He moved to quash the venire because a list of jurors served on him as required by the statute was not signed by the sheriff. The defendant asked two charges. The first was that if the jury believed that the girl was over ten and under fourteen years of age and consented to the act, then they may find him guilty under the second count of the indictment and must assess a fine, etc.; the second was that if the jury believed that the girl consented to the unlawful act…
1Opinion of the Court
SHARPER J.
— Thev indicthient contains two counts, the first charging that the defendant “forcibly ravished Annie Bell McCall, a 'woman, in said county and State.” <The second, count charges, that he “did carnally .know op ¡abuse; in the-attempt to carnally know Annie Bell McCall, a'girl under the age of 14.years.”
- : The-second count is 'evidently drawn under the terms of section 5447 of the C'odei • That section received its -present form from the'joint committee of the General Assembly appointed to examine the present Code pits indention being to change section 3739 of the Code of 1886 so…
2Cases cited5 opinions
- Thompson v. StateSupreme Court of Alabama · 1894
- Turner v. StateSupreme Court of Alabama · 1866
- Dorsey v. StateSupreme Court of Alabama · 1894
- Shaw v. StateSupreme Court of Alabama · 1851
- Hudson v. StateSupreme Court of Alabama · 1859
3Cited by15 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- Hamilton v. StateCourt of Criminal Appeals of Alabama · 1986
- Lundsford v. StateAlabama Court of Appeals · 1911
- Savage v. StateAlabama Court of Appeals · 1921
- Shelton v. StateSupreme Court of Alabama · 1904
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