Jones v. State

Section 5411 of the Code 1923 provides:

“Any person who has carnal knowledge of any girl over twelve and under sixteen years of age, or abuses such girl in the attempt to have carnal knowledge of her, must, on conviction, be punished at the discretion of the jury, by imprisonment in the penitentiary for not less than two nor more than ten years.”

The above statute does not apply to boys under 16 years of age.

The appellant was indicted for the above offense, and the evidence shows that the girl in question was under 16 years of age, and the sister of his wife.

The conviction of this man rested…