Lee v. State

LIVINGSTON, Justice.

The appellant, Virgil Lee, was indicted, tried and convicted under an indictment charging that he “did carnally know, or abuse in the attempt to carnally know Elese Lee, a girl under the age of twelve years,” etc. Title 14, section 398, Code of 1940.

A former conviction under the same indictment was reversed and the cause remanded by the Court of Appeals for errors pointed out by that court. Lee v. State, 31 Ala.App. 91, 13 So.2d 583, certiorari denied 244 Ala. 401, 13 So.2d 590.

Here, as on former appeal, the record contains no evidence that defendant was guilty of actual…