Hale v. State

I find myself unable to agree with the majority opinion for the reasons hereinafter stated.

Hale was indicted and convicted for an assault and battery upon a child under 12 years of age with intent to carnally know her and was given the death sentence.

The 13th assignment of error on behalf of Hale complains of the trial judge’s overruling the motion for new trial and assigns it is error because it is said that there was no evidence upon which the jury could find the defendant guilty of the offense charged in the indictment. The basis for this assignment is that the commission of the act of…